Pam Coker-Godson and National Dairies Ltd [1995] IRCA 61

INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY

VI 262 of 1994

BETWEEN:

PAM COKER‑GODSON Applicant

AND

NATIONAL DAIRIES LTD Respondent

REASONS FOR JUDGMENT

1 March 1995 Judicial Registrar Chancellor

This is an application by Pamela Coker‑Godson in respect of the termination of her employment by National Dairies Ltd on 30 March 1994.

The applicant was first employed at the Drouin Butter Co‑Op in 1988 when it was controlled by the Petersville Sleigh Group. Previously she had been working with that Group in Warragul. From late 1988 she was secretary to the Manager at the Co‑Op, Mr Michael Murnane. As his secretary she was privy to confidential information in relation to industrial relations and other corporate matters.

A number of changes in the corporate control of the Drouin Butter Co‑Op took place over the years and eventually the respondent took over in 1991. There had always been continuity of employment through the various take overs.

In late January 1993 Mr Murnane became Operations Manager and the applicant again became his secretary. Their working relationship from that time was most unsatisfactory. It appears that Mr Murnane was moody, picked on the applicant and made life generally very difficult for her. This was confirmed in evidence by a work mate, Helen Donnelly, who said that the applicant was continually harassed on petty matters and that the treatment of the applicant was unnecessary.

This lead to a meeting being called on 17 September 1993. Present were the applicant, Helen Donnelly, Mr Sasse, the Human Resources Manager of the respondent, and another company representative.

Following the meeting Mr Murnane made a job offer to the applicant. This involved her being moved from the position as Mr Murnane's secretary to a farm liaison/typing/relief position. Although the respondent argued that this position was an important position and not a demotion, I accept the views expressed by the applicant and Ms Donnelly that the applicant was regarded as the most senior of the secretarial staff and that the job offer represented a downward step although at the same rate of pay.