Robert McIntosh v Recoil Pty Ltd [1995] IRCA 81

CATCHWORDS INDUSTRIAL LAW - Termination of employment - Employee not told his employment in jeopardy - Question of what regard is to be had to the procedures set out in Schedule 11 of Industrial Relations Act - Warnings given to an employee should, where practical, be given in writing - Lack of procedural fairness - Application for reinstatement and compensation. Industrial Relations Act 1988, ss. 170CA(1), 170DC, 170DE, 170DE(2), 170EA, Schedule 11 (International Labour Organisation, Recommendation 166). Nicolson v. Heaven & Earth Gallery Pty Ltd (1994) 126 ALR 233 Byrne & Frew v. Australian Airlines Ltd (1994) 52 IR 10 ROBERT McINTOSH v RECOIL PTY LTD No. NI 837 of 1994 CORAM: PATCH JR PLACE: SYDNEY HEARING DATES: 16, 17, 28 FEBRUARY 1995 JUDGMENT DATE: 10 MARCH 1995

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY No. NI 837 OF 1994 BETWEEN: ROBERT McINTOSH Applicant AND: RECOIL PTY LTD Respondent CORAM: PATCH JR PLACE: SYDNEY HEARING DATES: 16, 17, 28 FEBRUARY 1995 JUDGMENT DATE: 10 MARCH 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. That the respondent pay the sum of $20,000 in compensation to the applicant, within 21 days of 10 March 1995. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Industrial Court Rules

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY No. NI 837 OF 1994 BETWEEN: ROBERT McINTOSH Applicant AND: RECOIL PTY LTD Respondent CORAM: PATCH JR PLACE: SYDNEY HEARING DATES: 16, 17, 28 FEBRUARY 1995 JUDGMENT DATE: 10 MARCH 1995 REASONS FOR JUDGMENT

This is an application under section 170EA of the Industrial Relations Act 1988 ("the Act").

The applicant, Mr Robert McIntosh, seeks the following orders: