Roland William Maynard v Concept Computer Systems Australia Pty Ltd [1995] IRCA 58

INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY

VI 1984 of 1994

BETWEEN:

ROLAND WILLIAM MAYNARD Applicant

AND

CONCEPT COMPUTER SYSTEMS AUSTRALIA PTY LTD Respondent

REASONS FOR JUDGMENT (EX TEMPORE) (Revised from Draft Transcript)

13 February 1995 Judicial Registrar Murphy

This is an application under Section 170DE of the Industrial Relations Act whereby the applicant seeks compensation arising out of the termination of his employment by the respondent on 14 October 1994.

Background

The applicant is aged 60 and in late September 1994 saw an advertisement in The Age newspaper placed by a personnel consultant seeking a sales representative. The applicant has some years experience as a sales representative in the computer area. The applicant had a meeting with the consultant and was referred by the consultant to the respondent.

On 5 and 6 October, the applicant had two meetings with Mr David Smith, a director of the respondent and in the course of those meetings, they discussed possible employment between the applicant and the respondent.

In the course of the meetings, Mr Smith indicated that the terms on which any employment arrangement between them would come into effect would be set out in writing. The applicant at that stage was a contractor with another organisation and was expecting some moneys that were owing to him to be paid to him later in that week.

In the meeting on 6 October, Mr Smith, of the respondent, indicated to the applicant that before he was in a position to offer him employment, he needed to check with the personnel consultants. On Friday, 7 October, in a telephone call between the two parties, Mr Smith indicated that everything had been cleared with the personnel consultants and that the position was to be offered to the applicant but that at this stage he did not have the letter of appointment fully prepared. The applicant gave evidence that at that stage they had already discussed all the terms of the proposed engagement, including the remuneration arrangements.