Jim Peter Mullany v Active Concrete [1995] IRCA 262

INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - Claim by truck driver of unlawful termination - Finding by Judicial Registrar of want of both procedural and substantive fairness - Reinstatement held impracticable and compensation ordered - Application by employee for review of decision as to quantum of compensation - No continuing issue regarding liability - Complaint that assessment ignored fact that employee's driving licence was lost to him a few days after termination - Evidence that employee failed to submit to a licence examination because of loss of employment - No explanation by Judicial Registrar of method of computing compensation - Necessity for Court to consider de novo the proper quantum of compensation - Deduction from net figure that would have been earned, if the employment had continued, of the moneys earned in alternative employment - No deduction of sum received by applicant from Department of Social Security by way of social security payments - Social security payments not "remuneration" within the meaning of s.170EE(3) of the Act - Necessity for assessing the chance that applicant would have been left without a licence and therefore unable to earn remuneration. Industrial Relations Act 1988, ss.170DC, 170DE and 170EE(3). JIM PETER MULLANY v. ACTIVE CONCRETE No. NI 0747R of 1994 CORAM: WILCOX CJ PLACE: SYDNEY DATE: 3 MAY 1995

IN THE INDUSTRIAL RELATIONS COURT) OF AUSTRALIA ) No. NI 0747R of 1994 NEW SOUTH WALES DISTRICT REGISTRY) BETWEEN: JIM PETER MULLANY Applicant AND: ACTIVE CONCRETE Respondent CORAM: WILCOX CJ PLACE: SYDNEY DATE: 3 MAY 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The determination made by Judicial Registrar Locke on 19 January 1995 be varied by substituting for the sum of $6,273.00 therein stated the sum of $6,011.00. Note: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.