Federal Court of Australia
CATCHWORDS INDUSTRIAL LAW - Termination of employment - Claim of unlawful termination - Contract of service or contract for services - Employer a sub-contractor and applicant an employee - Employee dismissed for lodging Work Cover claim - Termination not for a valid reason and harsh, unjust and unreasonable - Termination a breach of S170DB, S170DC, S170DE (and contrary to the spirit of S170DF(1)(a). Industrial Relations Act 1988, S170DB, DC, DE, DF and EE. Humberstone v Northern Timber Mills [1949] 79 CLR 389 Stevens v Brodribb Sawmilling Company Pty Limited [1985-86] 160 CLR 16 JOSEPH PETER ATKINSON v BRICKSHAW PTY LTD No. VI-963/94 Before:Ryan JR Place: Melbourne Date: 27 March 1995
IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY Matter No VI-963/94 B E T W E E N: JOSEPH PETER ATKINSON Applicant AND: BRICKSHAW PTY LTD Respondent RYAN JR MINUTES OF ORDER
27 MARCH 1995 THE COURT ORDERS THAT: (1) The respondent pay to the applicant compensation in the sum of $4,000. (2) The Registrar draw up, sign and seal an order to that effect. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.
IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY Matter No VI-963/94 B E T W E E N: JOSEPH PETER ATKINSON Applicant AND: BRICKSHAW PTY LTD Respondent COURT: RYAN JR PLACE:MELBOURNE DATE: 27 MARCH 1995
REASONS FOR JUDGMENT THE CLAIM The applicant seeks compensation for unlawful termination of employment. The application was filed on 8 July 1994 naming M Brickshaw & Co Pty Ltd as respondent. The applicant served the application on Michael Shaw on 18 August. Shaw conceded in an affidavit on 17 November that he is a director of Brickshaw Pty Ltd. He had sworn an earlier affidavit on 12 September acknowledging M Brickshaw & Co Pty Ltd as respondent but the Court accepts that this was an oversight and the company is Brickshaw Pty Ltd. Leave was granted to amend the application at the hearing on 1 December 1994.
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