Jamie Klingenberg & Transport Workers' Union of Australia v I R Cootes Pty Ltd [1995] IRCA 398

CATCHWORDS

INDUSTRIAL LAW - UNLAWFUL TERMINATION - review of JUDICIAL REGISTRAR - quantum of remuneration - power under s170EE Industrial Relations Act 1988 - need for exceptional circumstances to exercise discretion not to order remuneration lost - reduction in remuneration awarded. Industrial Relations Act 1988, ss 170DC, 170EA, 170EE, 377 Conciliation and Arbitration Act 1904, s5 Bowling v General Motors-Holdens Pty Ltd (1980) 33 ALR 297; 50 FLR 79 Australasian Meat Industry Employees' Union v Sunland Wholesale Meats (1988) 81 ALR 213, 220 "The Taxation Implications of Statutory Unlawful Termination of Employment" (1994) 7 AJLL 227, 243 Jason Scott Johns v Gunns Limited TI 148R of 1994, 18 May 1994, unreported No. VI 2421R of 1994

JAMIE KLINGENBERG & TRANSPORT WORKERS' UNION OF AUSTRALIA v I.R. COOTES PTY LTD Marshall J Melbourne 24 August 1995

IN THE INDUSTRIAL RELATIONS COURT ) ) ) OF AUSTRALIA ) ) No. VI 2421R of 1994 VICTORIA DISTRICT REGISTRY ) BETWEEN: JAMIE KLINGENBERG & TRANSPORT WORKERS' UNION OF AUSTRALIA Applicant AND: I.R. COOTES PTY LTD Respondent JUDGE: Marshall J PLACE: Melbourne DATE: 24 August 1995

ORDER

THE COURT ORDERS THAT: 1. The Order of the Court constituted by Judicial Registrar Murphy made on 24 March 1995, and described by him as order 2, that the respondent pay the applicant loss of remuneration in the sum of $24,359.00 within 14 days, is set aside. 2. The other orders of Judicial Registrar Murphy made on 24 March 1995, and described by him as orders 1 and 3, stand. Note: The applicant was reinstated in accordance with these orders and such reinstatement was not sought to be disturbed upon review.

3. The matter is to be adjourned to the directions list on 18 September 1995 at 10.15 am to enable the parties to calculate the amount of remuneration lost actually payable to the applicant after the deduction of PAYE taxation at the appropriate rate from the gross amount of $813.00. Note: If agreement is reached, a consent order can be made pursuant to Order 35 rule 10. NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules.