Urwin Kenneth Rogers v Trico Holdings Pty Ltd [1995] IRCA 254

INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY VI 1319 of 1995 B E T W E E N URWIN KENNETH ROGERS Applicant A N D TRICO HOLDINGS PTY LTD Respondent Before: Judicial Registrar Fleming Place: Melbourne Date: 26 May 1995 REASONS FOR JUDGMENT (EX TEMPORE) Revised from Draft Transcript The Respondent has been called outside of court and I am satisfied that there is no appearance by the Respondent. The Applicant has given evidence that he spoke to Mr Gore, who is acting for the Respondent, on 19 May 1995. The Applicant said that in that telephone conversation the Applicant sought to adjourn the trial fixed for today but that Mr Gore refused or declined to consent to an adjournment. As the Applicant seeks to proceed today and having satisfied myself that there is no appearance by the Respondent, the trial is to proceed. On the evidence of Mr Rogers, which is uncontested, I find that his dismissal is illegal pursuant to the Industrial Relations Act in as much as he was not accorded a valid reason for his dismissal. His evidence is that Mr Nankervis of the respondent rang him and said: "It's all over and that's it". Mr Rogers believed that it may have been due to shortage of work because this was what was put on the separation certificate, but that this was not told to him in the telephone conversation. I find that Mr Rogers' employment was terminated on the telephone and that he was not given a valid reason and I also find that the termination of employment was harsh, unjust and unreasonable, given that it was done in the manner Mr Rogers has said. Mr Rogers is not seeking reinstatement. Mr Rogers is seeking compensation in the amount of $600 which he states represents one week's notice and he seeks the reimbursement of a private phone valued at $317. I do not propose to order the reimbursement of the private phone, but what I will do is order compensation in the amount of $917 and I make that order and I make no further order. THE COURT ORDERS THAT: 1. The Respondent pay to the Applicant compensation in the amount of $917.00. I certify that this and the preceding two (2) pages are a true copy of the reasons for judgment of Judicial Registrar Fleming. Associate: Dated: 16 June 1995 Applicant in Person No Appearance for Respondent Solicitors for the Respondent: Jon Gorr Date of hearing: 26 May 1995 Date of judgment: 26 May 1996