Michael Anderson v Apollo Limousines Pty Ltd [1995] IRCA 128

INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY

VI 1519 of 1994

BETWEEN:

MICHAEL ANDERSON Applicant

AND

APOLLO LIMOUSINES PTY LTD Respondent

REASONS FOR JUDGMENT

29 March 1995 Judicial Registrar Fleming

Findings Of Fact

The Applicant, Mr Anderson ("Anderson"), commenced employment with the Respondent on 1 August 1994.

Mr Anderson's commencement of employment occurred after he was "head-hunted" while he was working as a self employed contractor with Blue Circle. In addition to his work with Blue Circle he also conducted a limousine hire business and was a self employed limousine contractor.

Mr Anderson was approached by an ex-director of the Respondent and he was "head-hunted" for the prospective position of General Manager for the Respondent.

Anderson attended a meeting on 29 July 1994 at a coffee shop with Mr Angelo Drouvelakis ("Drouvelakis") and Mr Arthur Milonas ("Milonas") where there was a general and casual discussion about the position.

At the coffee shop meeting the position of General Manager was discussed and the duties were described to Anderson. Anderson's evidence was that these duties included running the telephones; familiarity with computers; running the office; soliciting business and visiting clients; writing a good letter and producing monthly reports. The position also required someone who had a knowledge of the limousine and transport industry and a good knowledge of the Melbourne metropolitan area and Mr Anderson said that he had all those skills.

I accept the evidence of Mr Anderson that at the meeting he understood his duties were not to include payment of accounts, running the bank account and paying drivers. Anderson gave evidence that Peter Beckwith was doing that. I also accept the evidence of Anderson that he was not given a code to access the computer and had to rely on the computer programmer to gain access.