Lance Ivan Harvey v Blayney Abattoirs Pty Limited [1995] IRCA 39

C A T C H W O R D S INDUSTRIAL LAW - Termination of employment - whether termination of employment for valid reason - resons connected with employee's capacity or conduct - procedural fairness - whether employee given an opportunity to respond to allegations made. Industrial Relations Act 1988, S170DB, S170EB, S170DC, S170DE, S170DF, S170EE.

Liddell v Lemke (NI 200 of 1994) (unreported 15th December 1994). Graham Foxcroft v The Ink Group Pty Ltd (No. NI 447 of 1994) (unreported 14th October 1994) Ian Samual McGregor Nicholson v Heaven and Earth Gallery Pty Ltd (No. NI 27 of 1994) (unreported 10th September 1994). Bostik (Australia) Pty Ltd v Gorgevski (I) (1992) 41 IR 452 LANCE IVAN HARVEY v BLAYNEY ABATTOIRS PTY. LIMITED - NI 223 of 1994 Before: Judicial Registrar LOCKE Place: Sydney Hearing Date: 16 December 1994 Judgement Date: 20 February 1995 INDUSTRIAL RELATIONS COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY NO. NI 223 of 1994

Between: LANCE IVAN HARVEY Applicant And: BLAYNEY ABATTOIRS PTY. LIMITED Respondent

Before: Judicial Registrar LOCKE Place: Sydney Hearing Date: 16 December 1994 Judgement Date: 20 February 1995 MINUTES OF ORDER

THE COURT DECLARES 1. The termination of the employment of the Applicant did contravene Division 3 of Part VIA of the Industrial Relations Act, (The Act) 1988.

AND THE COURT ORDERS THAT: 1. The Applicant be reinstated by the Respondent by being re-appointed to the position occupied by him immediately before the termination of his employment and that reinstatement take effect forthwith. 2. That the Respondent on or before 6 March 1995 pay to the Applicant the sum of $3,906.00 for remuneration lost by the Applicant because of the termination of his employment. 3. That the period 26th April 1994 to 20 February 1995 inclusive be treated, for all purposes as continuous employment of the Applicant by the Respondent in the position occupied by the Applicant immediately before the termination of his employment.