Linda Jayne Dempster and Lamprey Pty Ltd (ACN 009 654 559) trading as Casuarina Tavern [1995] IRCA 194

DECISION NO: 194/95 CATCHWORDS INDUSTRIAL LAW ‑ Termination of employment ‑ claim of unlawful termination ­work place injury ‑ compliance with ss170DC, 170DE,170DF ‑ inherent requirements of particular position. INDUSTRIAL RELATIONS COURT OF AUSTRALIA NORTHERN TERRITORY DISTRICT REGISTRY AT DARWIN No DI 142 of 1994 Between: LINDA JAYNE DEMPSTER (Applicant) And LAMPREY PTY LTD (ACN 009 654 559) trading as CASUARINA TAVERN (Respondent) Application for: Declaration of contravention of Division 3, Part VIA of the Industrial Relations Act; Reinstatement; Compensation. Decision By: Judicial Registrar Jenny Blokland Date of Decision: May 10 1995.

Orders Made: (1) That the termination of employment contravened Division 3, Part VIA of the Industrial Relations Act. (2) That the respondent pay to the applicant the sum of $3000 compensation within 21 days of the date of this order. Note: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules. REASONS FOR JUDGMENT The parties to the dispute The applicant Linda Jayne Dempster commenced employment with the respondent as a kitchen hand at the Casuarina Tavern on 10 April 1992. Although at some stage in the course of the employment relationship a member of the management staff attempted to treat the applicant as a casual employee, it was not disputed at the hearing of this matter that the applicant was employed on a permanent basis. The respondents, Lamprey Pty Ltd were originally owned by JTR Investments. JTR was the ultimate share holder in Lamprey Pty Ltd. JTR Investments sold Lamprey Pty Ltd to Power Pacific. I am advised by Mr Roussos, counsel for the respondents that Lamprey Pty Ltd remain the relevant legal personality after the various changes in control of shares of the company. It will become apparent in the course of these reasons for judgment that the day to day management of the Casuarina Tavern changed a number of times during the relevant period. The various changes of management, did not necessarily reflect the changes in ownership of the respondent company in a precise way. The original duties of the applicant as kitchen hand comprised setting up the kitchen in the morning, making preparations for the chefs, preparing entrees and generally assisting the chef. At that stage the applicant earnt between $300 and $500 per week. The injury at work On 29 July 1992 the applicant suffered an injury at work when she was changing deep friers. The injury was to her right knee. She made a claim for workers compensation against the Casuarina Tavern on 30 July 1992: (Exhibit R1, Workers Compensation Claim). The claim was accepted by the respondent's insurers, FAI Insurance. Surgery was performed on her right knee in September 1992. She received worker's compensation payments and returned to work for a period commencing November 1992. The injury left the applicant with what was described as "significant pain, swelling and disability":