David John Perrin v Des Taylor (Trading as Bellbowrie Motors Pty Ltd) [1995] IRCA 40

CATCHWORDS INDUSTRIAL LAW - Termination of employment - whether a valid reason for termination - procedural fairness - compensation - country employment in Motor Vehicle Industry. Industrial Relations Act 1988 ss. 170DE and 170EE. DAVID JOHN PERRIN v DES TAYLOR (TRADING AS BELLBOWRIE MOTORS PTY LTD) No. NI 576 of 1994 CORAM: McILWAINE JR PLACE: SYDNEY DATE: 20 FEBRUARY 1995 INDUSTRIAL RELATIONS COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY

No. NI 576 of 1994

BETWEEN:

DAVID JOHN PERRIN

Applicant

AND:

DES TAYLOR

(trading as BELLBOWRIE MOTORS PTY LTD)

Respondent Before: McIlwaine JR Place: Sydney Date: 20 February 1994

REASONS FOR JUDGMENT

(Delivered Ex Tempore - Revised from transcript)

Mr David John Perrin relies on an application under section 170EA of the Industrial Relations Act 1988 filed in the Registry on 22 July 1994. The applicant claims, paragraph 1(a): An order declaring the termination of the employer's employment of the employee to have contravened Division 3 of Part VIA of the Industrial Relations Act 1988; and (c) an order that the respondent pay compensation to the employee.

I note that paragraphs 1(b) and 2 of the application have been deleted. I also am satisfied that it would be impracticable for me to order reinstatement of Mr Perrin to his former position or to another position in the company.

Mr Perrin gives evidence that at 4 pm on Friday, 8 July 1994 as he was about to leave work his department manager, Mr Ross Bruce, came and sat at his desk and told him that he had been instructed by Mr Des Taylor, who I understand from other evidence to be the dealer principal of the company, to dismiss him. He was also told he could attend the staff party that night and to enjoy himself.

Mr Taylor is mentioned in the evidence on a number of occasions as being involved in discussions with Mr Perrin about his performance. The evidence of Mr Perrin was not affected by cross-examination on these issues and Mr Taylor was not available to give evidence.