Leslie Richard Messervy v Maldoc Pty Limited ACN 001 091 596 t/as Toongabbie Hotel Maureen Nola Messervy v Maldoc Pty Limited ACN 001 091 596 t/as Toongabbie Hotel [1995] IRCA 298

INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - Claim of UNLAWFUL TERMINATION - Finding by Judicial Registrar of PROCEDURAL UNFAIRNESS and SUBSTANTIVE UNFAIRNESS - Application for review - Reason for termination not specified - No proved valid reason - No opportunity to employees to defend any allegations - COMPENSATION - Actual losses exceeding amount available under statutory formula - Awards of maximum available under statutory formula. Industrial Relations Act 1988, ss.170DC, 170DE, 170EDA, 170EE and 377. LESLIE RICHARD MESSERVY v. MALDOC PTY LIMITED ACN 001 091 596 t/as TOONGABBIE HOTEL No. NI.795 of 1994 AND MAUREEN NOLA MESSERVY v. MALDOC PTY LIMITED ACN 001 091 596 t/as TOONGABBIE HOTEL No. NI.882 of 1994 CORAM: WILCOX CJ PLACE: SYDNEY DATE: 30 JUNE 1995

IN THE INDUSTRIAL RELATIONS COURT) OF AUSTRALIA ) No. NI.795 of 1994 NEW SOUTH WALES DISTRICT REGISTRY) BETWEEN: LESLIE RICHARD MESSERVY Applicant AND: MALDOC PTY LIMITED ACN 001 091 596 t/as TOONGABBIE HOTEL Respondent CORAM: WILCOX CJ PLACE: SYDNEY DATE: 30 JUNE 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The order made by Judicial Registrar Locke on 31 March 1995 be varied so as to substitute for the figure of $15,000 therein contained the figure of $16,914. 2. The money paid into Court by the respondent, Maldoc Pty Limited, be paid to the applicant, Leslie Richard Messervy, on account of the award of compensation. Note: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.

IN THE INDUSTRIAL RELATIONS COURT) OF AUSTRALIA ) No. NI.882 of 1994 NEW SOUTH WALES DISTRICT REGISTRY) BETWEEN: MAUREEN NOLA MESSERVY Applicant AND: MALDOC PTY LIMITED ACN 001 091 596 t/as TOONGABBIE HOTEL Respondent CORAM: WILCOX CJ PLACE: SYDNEY DATE: 30 JUNE 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The order made by Judicial Registrar Locke on 31 March 1995 be varied so as to substitute for the figure of $11,000 therein contained the figure of $12,530. 2. The money paid into Court by the respondent, Maldoc Pty Limited, be paid to the applicant, Maureen Nola Messervy, on account of the award of compensation. Note: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.