Neville Fryar v Systems Services Pty Ltd Graeme Simpson v Systems Services Pty Ltd Geoffrey Roberts v SA St John Ambulance Service Inc [1995] IRCA 211

INDUSTRIAL LAW - EMPLOYMENT - TERMINATION - Claims of unlawful termination - Whether applicants for relief in Industrial Relations Court have an "adequate alternative remedy" under South Australian law - Effect of provision in South Australian legislation permitting an application "within 14 days after the dismissal takes effect" in circumstances where employees made application during period of notice of dismissal - Function of Commission under South Australian legislation to make orders for re-employment or compensation where it concludes that the dismissal was "harsh, unjust or unreasonable" - Effect of provision enabling South Australian provisions to be modified to the extent necessary to provide an adequate alternative remedy to that provided by the Commonwealth Act. Industrial Relations Act 1988, s.170EB Industrial Relations Act 1972, (SA), s.31 Industrial and Employee Relations Act 1994 (SA), ss.105-111, 167. No. SI.258 of 1994 NEVILLE FRYARv SYSTEMS SERVICES PTY LTD No. SI.259 of 1994 GRAEME SIMPSON v SYSTEMS SERVICES PTY LTD No. SI.1018 of 1995 GEOFFREY ROBERTS v SA ST JOHN AMBULANCE SERVICE INC CORAM: WILCOX CJ, GRAY AND BEAZLEY JJ PLACE: SYDNEY (HEARD IN ADELAIDE) DATE: 25 MAY 1995

IN THE INDUSTRIAL RELATIONS COURT) OF AUSTRALIA ) No. 258 of 1994 SOUTH AUSTRALIA DISTRICT REGISTRY) BETWEEN: NEVILLE FRYAR Applicant AND: SYSTEMS SERVICES PTY LTD Respondent CORAM: WILCOX CJ, GRAY AND BEAZLEY JJ PLACE: ADELAIDE DATE: 5 APRIL 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders made by von Doussa J on 28 October 1994 be set aside and in lieu thereof it be ordered that the matter be referred to the Australian Industrial Relations Commission for conciliation pursuant to s.170EC of the Industrial Relations Act 1988. Note: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.