Sean Kenneth Kneebone v Baysilk Holdings Pty Ltd [1995] IRCA 158

IN THE INDUSTRIAL RELATIONS ) No. WI 625 of 1994 COURT OF AUSTRALIA ) WESTERN AUSTRALIA DISTRICT REGISTRY )

BETWEEN: Sean Kenneth Kneebone Applicant AND: Baysilk Holdings Pty Ltd Respondent

BEFORE: Boon JR PLACE: Perth DATE: 13 April 1995

REASONS FOR JUDGMENT The applicant has applied under Section 170EA of the Industrial Relations Act 1988 for an order declaring the termination of his employment to have contravened Division 3 of part VI A of the Act. He is seeking reinstatement and compensation. The applicant was employed as the Sales Manager of the Bullcreek branch of the Body Club health club which is owned and operated by the respondent. The applicant started work on 31 October 1994 and his employment was terminated without notice on 25 November 1994. The applicant alleged that the respondent breached the provisions of Section 170DC of the Act in that he was not given any opportunity to answer any allegations made against him. The applicant also states that he was given no warnings in any material respect that his employment was in danger. Further, the applicant alleges Section 170DE of the Act was breached in that there was no valid reason for the termination of the applicant's employment. The respondent, on the other hand, says that the applicant's employment was terminated because he was a salesperson who couldn't sell gymnasium memberships. It was said that the applicant was employed on a high salary and was expected to achieve immediate results that is, a dramatic improvement in the sales figures for the Bullcreek branch of the Body Club. The applicant was to lead the way in personal sales figures and he did not do this. It is alleged by the respondent that the applicant was given some warnings about his performance. The main thrust of the respondent's case was that the applicant's personal sales record was abysmal.