Sheila Rivenell & Andrew L Fraser and Justaflex Pty Ltd t/as Rosden Nursing Home [1995] IRCA 131

INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY

VI 1883 of 1994 VI 1913 of 1994

BETWEEN:

Sheila Rivenell & Andrew L. Fraser Applicants

AND

justaflex pty ltd t/as rosden nursing home Respondent

REASONS FOR JUDGMENT

31 March 1995 Judicial Registrar Fleming

Findings Of Fact

Mrs Rivenell

The applicant was employed by the respondent on 29 March 1985 as a nursing attendant. She was employed on a part time basis working 18˝ hours per week. Mrs Rivenell gave evidence that she first became aware that her employment was in jeopardy when she received the letter marked Exhibit A and dated 16 September 1994. Mrs Rivenell's evidence was that she had not had any discussion with the employer prior to receiving this letter except for signing a form:

"that we were willing to do any duty they asked us to do and we just filled in the form."

In cross examination Mrs Rivenell gave evidence that she attended a meeting which Mr Rathner, the administrator, convened. It was at this meeting that Mrs Rivenell heard that the prospective purchaser had agreed to retain at least 75% of the existing staff. Mrs Rivenell also said that Mr Rathner had attended the hospital on quite a few occasions to speak to the staff.

Mrs Rivenell gave evidence that she received a letter of termination dated 16 September 1994 which stated:

"As administrator to the Deed of Company Arrangement for the above company, I have negotiated a Contract of Sale on the nursing home and it is anticipated that settlement will occur on or about 30 September, 1994.

In accordance with the terms of the contract the purchaser is required to employ to a minimum of 75% of the existing staff and to advise me of those staff members who will not be offered ongoing employment.