Rosemarie D'Lima v Board of Management, Princess Margaret Hospital for Children [1995] IRCA 407

CATCHWORDS INDUSTRIAL LAW - review of JUDICIAL REGISTRAR - TERMINATION OF EMPLOYMENT - Whether applicant was engaged under a series of contracts each for a specified period of time - Industrial Relations Regulations 30B(1)(a) - UNLAWFUL TERMINATION - termination at the initiative of the employer - termination not for a VALID REASON - termination not connected with capacity, conduct or operational requirements. Industrial Relations Act 1988 ss 170DE, 170EA, Industrial Relations Court Rules 075 r(1)(b) Industrial Relations Regulations 30B(1)(a) Andersen v Umbakumba Community Council (1994) 126 ALR 121, 126 Macs Foods v McLeish WIR 94/305, Spender J, 12 July 1995, unreported No. WI 0658R of 1994 ROSEMARIE D'LIMA v BOARD OF MANAGEMENT, PRINCESS MARGARET HOSPITAL FOR CHILDREN MARSHALL J MELBOURNE (heard in Perth) 25 August 1995

IN THE INDUSTRIAL RELATIONS COURT ) ) OF AUSTRALIA ) ) No. WI 0658R of 1994. WESTERN AUSTRALIA DISTRICT REGISTRY ) BETWEEN: ROSEMARIE D'LIMA Applicant AND: BOARD OF MANAGEMENT, PRINCESS MARGARET HOSPITAL FOR CHILDREN Respondent JUDGE: Marshall J PLACE: Melbourne (heard in Perth) DATE: 25 August 1995 ORDER THE COURT ORDERS THAT: 1. It is declared that the termination of the employment of the applicant contravened s170DE Industrial Relations Act 1988 ("the Act"). 2. The respondent shall pay compensation pursuant to s170EE(3) of the Act to the applicant in the sum of $2,800 within 7 days hereof. 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. WI 0658R of 1994. WESTERN AUSTRALIA DISTRICT REGISTRY ) BETWEEN: ROSEMARIE D'LIMA Applicant AND: BOARD OF MANAGEMENT, PRINCESS MARGARET HOSPITAL FOR CHILDREN Respondent JUDGE: Marshall J PLACE: Melbourne (heard in Perth) DATE: 25 August 1995