Louis Kyriacou v T & A Winter Enterprises Pty Ltd [1995] IRCA 396

CATCHWORDS

INDUSTRIAL LAW - UNION MEMBERSHIP - dismissal of employee - prosecution against employer - penalty - factors relevant to penalty.

Industrial Relations Act 1988, s334 Industrial Relations Regulations ss 131A, 132A Bowling v General Motors-Holdens Pty Ltd (1975) 8 ALR 197, 210 King v Hickson's Timber Impregnation Co. (Aust.) Pty. Ltd. (1972) 20 FLR 353, 354 Sheridan v Central District Ambulance Committee (No 2) (1927) 26 AR (NSW) 460, 473 Australian Workers Union v Mullins (1938) 23 Qd IG 482 No VI 5008 of 1994 No VI 5009 of 1994 No VI 5021 of 1994 LOUIS KYRIACOU v T & A WINTER ENTERPRISES PTY LTD MARSHALL J MELBOURNE 17 AUGUST 1995

IN THE INDUSTRIAL RELATIONS COURT ) ) ) OF AUSTRALIA ) ) No. VI 5008 of 1994 VICTORIA DISTRICT REGISTRY ) BETWEEN: LOUIS KYRIACOU Prosecutor AND: T & A WINTER ENTERPRISES PTY LTD Defendant JUDGE: Marshall J PLACE: Melbourne DATE: 17 August 1995

ORDER

THE COURT ORDERS THAT: 1. The defendant, T & A Winter Enterprises Pty Ltd is convicted of an offence against Regulation 132A of the Industrial Relations Regulations in that it failed to issue Peter Soxsmith with a written pay slip relating to payment by it to Peter Soxsmith for remuneration for work performed on 13 November 1993 within one day of such payment being made to Peter Soxsmith. NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules.

IN THE INDUSTRIAL RELATIONS COURT ) ) ) OF AUSTRALIA ) ) No. VI 5009 of 1994 VICTORIA DISTRICT REGISTRY ) BETWEEN: LOUIS KYRIACOU Prosecutor AND: T & A WINTER ENTERPRISES PTY LTD Defendant JUDGE: Marshall J PLACE: Melbourne DATE: 17 August 1995

ORDER

THE COURT ORDERS THAT: 1. The defendant, T & A Winter Enterprises Pty Ltd is convicted of an offence against Regulation 131A(1) of the Industrial Relations Regulations ("the Regulations") in that it failed to make or cause to be made a record in accordance with Part 9A of the Regulations in relation to work performed for it by Peter Soxsmith on 16 October 1993. NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules.