Tabone v Strasburger Enterprises Inc [1995] IRCA 82

INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY

VI 852 of 1994

B E T W E E N :

JEFFREY MARK TABONE & ANOR

Applicant

AND

STRASBURGER ENTERPRISES INC

Respondent

Before: Judicial Registrar Millane

Place: Melbourne

Date: 10 March 1995

REASONS FOR JUDGMENT By an application made on 9 August 1994 pursuant to Section 170EA of the Industrial Relations Act 1988 ("the Act"), the Applicant contends that on 27 May 1994 his employment as a manager at the Respondent's Footscray food store was unlawfully terminated. The Applicant seeks reinstatement to his former position.

Prior to the hearing and by consent the Applicant's application was amended to seek the payment of a penalty sum to the Applicant under Section 178 of the Act because of the Respondent's alleged breach of the applicable award provisions. At hearing the Applicant withdrew this part of his application.

Initially, the Respondent relied on the Applicant's failure to bring his application within the 14 day period provided for in Section 170 EA (3) of the Act. At hearing the Applicant's application for an extension of the time for making this application was not contested and the matter proceeded on the basis that such extension was granted by the Court pursuant to Section 170 EA (3).

During the course of the two day hearing it was argued by the Respondent that the Applicant's employment had been lawfully terminated on 27 May 1994. The valid reason or reasons relied upon by the Respondent were breaches of company policies loosely referred to as its cash handling policies and its recap procedures on 23 May 1994 (Section 170 DE(1)). Because of the seriousness with which the Respondent viewed such breaches it was alleged that the Respondent was justified in summarily terminating the Applicant's employment without notice or compensation in lieu thereof (Section 170 DB) and such termination in all the circumstances was neither harsh, unjust nor unreasonable (Section 170 DE(2)).