Brendan Cartmel and Skilled Engineering Pty Limited [1995] IRCA 140

CATCHWORDS INDUSTRIAL LAW - Termination of employment - Claim of unlawful termination - Performance and discipline policy and procedure - Written warning issued - provision for retention and filing of records of counselling interviews - Provision for employee to nominate a witness to interviews - Resignation or termination. Industrial Relations Act 1988, S170CB, S170DC, S170DE, S170EA, S170EDA Barclay v City of Glasgow District Council [1983] IRLR 313 Grout v Gunnedah Shire Council [1979] 125 ALR 355 Sheffield v Oxford Control Company Ltd [1979] IRLR 133 BRENDAN JOHN CARTMEL v SKILLED ENGINEERING PTY LIMITED No. VI-2503/94 Before:Ryan JR Place: Melbourne Date: 5 April 1995 IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY Matter No VI- 2503/94 B E T W E E N: BRENDAN CARTMEL Applicant AND: SKILLED ENGINEERING PTY LIMITED Respondent RYAN JR MINUTES OF ORDER 5 APRIL 1995 THE COURT ORDERS THAT: The application pursuant to S170EA of the Industrial Relations Act 1988 be dismissed. 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-2503/94 B E T W E E N: BRENDAN CARTMEL Applicant AND: SKILLED ENGINEERING PTY LIMITED Respondent COURT: RYAN JR PLACE: MELBOURNE DATE: 5 APRIL 1995 REASONS FOR JUDGMENT THE CLAIM AND THE RESPONSE The applicant seeks reinstatement claiming unlawful termination of employment by the respondent. The respondent denies that it acted to end the employment. In fact, the respondent alleges the applicant ended the employment by resignation. The respondent also states that, if the Court were to find that the employment of the applicant was terminated by an act of the employer, there were valid reasons for termination and that such a termination, if found to have occurred, was not unlawful. THE EMPLOYMENT The applicant has a degree in engineering, a tradesman's certificate, a licentiate in theology and a post-graduate diploma in organisational behaviour. He joined the respondent as a consultant in the Engineering and Drafting Division on 21 March 1994. His position description states that he was responsible for: · Interviewing and selection of professional personnel for clients in the Melbourne metropolitan area.