Colin Matthew Connally v Malifind Pty Ltd [1995] IRCA 62

INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY

VI 1919 of 1994

BETWEEN:

COLIN MATTHEW CONNALLY Applicant

AND

MALIFIND PTY LTD Respondent

REASONS FOR JUDGMENT

1 March 1995 Judicial Registrar Murphy

Introduction

From June 1993 until 11 October 1994 the applicant was the manager of a large commercial Friesian stud and dairy farm located at North Mooroopna in Victoria. On 11 October 1994 his position as farm manager was terminated. It is alleged that the termination was in breach of ss.170DC and 170DE of the Industrial Relations Act ("the Act") and he seeks compensation under s.170EE.

Background

Until about November 1992 the Managing Director of the applicant, Mr Norman Lothian, and his wife Lynette Lothian, in the course of their marriage, built up a large successful diary property, known as Woodhurst Farm. They had five children but unfortunately in about November 1992 they separated and Mr Lothian went to live in Melbourne. Mrs Lothian remained on the farm and sought to manage it. In June 1993 the applicant was appointed Farm Manager. He moved into one of the houses on the property but soon after formed a relationship with Mrs Lothian. Mr and Mrs Lothian divorced in April 1994 and in June 1994 the applicant married Mrs Lothian, who became Mrs Connally.

The applicant, prior to June 1993, was employed by the Department of Rural Affairs and had been so employed for some twenty six years. He was a very well experienced farm manager. He was induced to leave the department to manage Woodhurst Farm by an agricultural consultant acting on behalf of Mr Lothian, Dr Sandles. Mr Lothian had nothing to do with the employment, it being arranged by Dr Sandles. The then Mrs Lothian on the evidence had no involvement in his commencing employment either.