Jason Scott Johns v Gunns Limited [1995] IRCA 210

CATCHWORDS INDUSTRIAL LAW - Unlawful termination - Part VIA of the Industrial Relations Act 1988 discussed - whether the employment was terminated for reasons including temporary absence from work because of injury - onus of proving reason for termination discussed - nature of obligation on employer to afford procedural fairness to an employee who is in danger of being terminated discussed - whether reinstatement of the employee was impracticable - whether the Court has a discretion to make an order requiring the employer to pay the employee the remuneration lost because of the termination - meaning of "remuneration lost by the employee because of the termination" Industrial Relations Act 1988 ss170CA, 170DB, 170DC, 170DE, 170DF, 170EDA Byrne v Australian Airlines Ltd (1993) 120 ALR 274 Heidt v Chrysler Australia Ltd (1976) 26 FLR 257 Minister of State for Immigration and Ethnic Affairs v Teoh (1995) 128 ALR 353 Bowling v General Motors Holden's Pty Ltd (1980) 50 FLR 79 WORDS AND PHRASES Remuneration lost JASON SCOTT JOHNS V GUNNS LIMITED No TI 148R of 1994 NORTHROP J HOBART 18 MAY 1995

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA No TI 148R of 1994 TASMANIA DISTRICT REGISTRY B E T W E E N : JASON SCOTT JOHNS Applicant A N D : GUNNS LIMITED Respondent COURT: NORTHROP J PLACE: HOBART DATE: 18 MAY 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The Order of the Court constituted by a Judicial Registrar made on 16 December 1994 be set aside and in lieu thereof the following orders be made. 2. The respondent reappoint Jason Scott Johns to the position in which he was employed immediately before his termination on 2 August 1994 so as to maintain the continuity of his employment. 3. The employment of Jason Scott Johns be deemed to have been continued for all purposes from 2 August 1994 to the date the final order is made in this matter. 4. The matter be adjourned to the sittings commencing in Hobart on 19 June 1995 at a time to be determined by the District Registrar to enable the parties to calculate in accordance with the principles set out in the reasons for judgment the amount of the remuneration lost by the applicant because of the termination. Note: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules