Henry Tomlinson v National Rail Corporation Ltd [1995] IRCA 376

C A T C H W O R D S INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - UNLAWFUL TERMINATION - ABANDONMENT OF EMPLOYMENT - INJURY - applicant terminated on basis absence without leave without reasonable cause - applicant certified unfit to work - applicant not absent without reasonable cause - applicant had not abandoned employment pursuant to clause 10.5 of National Rail Enterprise Agreement. Industrial Relations Act 1988, S170 DC, S170EA, S170EE, S170DE(1) and (2). Clause 10.5 National Rail Enterprise Agreement CASES: Automatic Fire Sprinklers v Watson [1946] 72 CLR 435. Nicolson v Heaven and Earth Gallery Pty Limited [1994] 1 IRCR 199 Liddell v Lembke [1994-95] 127 ALR 342 R v Australian Broadcasting Tribunal; Ex parte 2HD Pty Ltd (1979) 144 CLR 45 HENRY TOMLINSON v NATIONAL RAIL CORPORATION LTD No. VI-95/1888 Before: Ryan JR Place: Melbourne Date: 31 July 1995

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY Matter No VI-95/1888 B E T W E E N: HENRY TOMLINSON Applicant AND: NATIONAL RAIL CORPORATION LTD Respondent RYAN JR MINUTES OF ORDER 4 AUGUST 1995 THE COURT ORDERS THAT: 1. The respondent reinstate the employee by either: (a) reappointing the applicant to the position in which he was employed immediately before the termination; or (b) appointing the applicant to another position on terms and conditions no less favourable to those on which the applicant was employed immediately before the termination. 2. The respondent to take all steps necessary to maintain the continuity of the applicant's employment from 28 February 1995 to 31 July 1995. 3. The respondent to pay to the applicant the remuneration lost by the applicant because of the termination on 28 February 1995. 4. The orders to be effective as of 31 July 1995. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.