John Ferry v Minister for Health, Western Australia [1995] IRCA 408

CATCHWORDS

INDUSTRIAL LAW - review of JUDICIAL REGISTRAR - TERMINATION OF EMPLOYMENT - UNLAWFUL TERMINATION - termination at initiative of employer - BREACH OF AWARD - NOTICE OF TERMINATION - termination not for a VALID REASON - termination not connected with OPERATIONAL REQUIREMENTS of business - HARSH, UNJUST OR UNREASONABLE - REINSTATEMENT of employee - order for REMUNERATION lost. Industrial Relations Act 1988 ss 170DE, 170EA, 170EDA, 170EE Industrial Relations Court Rules 074 r3, 075 r5(1)(b) D'Lima v Board of Management of Princess Margaret Hospital for Children WI 0658R of 1994, Marshall J, 25 August 1995, unreported Quality Bakers v Goulding WIR 142/94, 23 June 1995, Beazley J, unreported Johns v Gunns Limited TI 148R of 1994, 18 May 1995, Northrop J, unreported Klingenberg v I.R. Cootes Pty Ltd VI 2421R of 1994, 24 August 1995, Marshall J, unreported Australasian Meat Industry Employees' Union v Sunland Enterprises Pty Ltd (trading as Sunland Wholesale Meats) (1988) 81 ALR 213, 222, Gray J No. WI 0641R of 1994 JOHN FERRY v MINISTER FOR HEALTH, WESTERN AUSTRALIA MARSHALL J MELBOURNE (heard in Perth) 25 AUGUST 1995

IN THE INDUSTRIAL RELATIONS COURT ) ) OF AUSTRALIA ) ) No. WI 0641R of 1994. WESTERN AUSTRALIA DISTRICT REGISTRY ) BETWEEN: JOHN FERRY Applicant AND: MINISTER FOR HEALTH, WESTERN AUSTRALIA Respondent JUDGE: Marshall J PLACE: Melbourne (heard in Perth) DATE: 25 August 1995 ORDER THE COURT ORDERS THAT:

1. The Order of the Court constituted by Judicial Registrar Ryan made on 26 April 1995 be set aside and in lieu thereof the following orders be made. 2. It is declared that the termination of the employment of the applicant contravened s170DE Industrial Relations Act 1988 ("the Act"). 3. The respondent appoint John Ferry to another position with the respondent on terms and conditions no less favourable than those on which John Ferry was employed immediately before the termination of his employment. 4. The employment of John Ferry is deemed to have been continued for all purposes from 18 November 1994 to the date the final order is made in this matter. 5. The matter is adjourned to 9.30 a.m. (Western Standard Time) on 25 September 1995 to enable the parties to calculate in accordance with the principles set out in the reasons for judgment the amount of remuneration lost by the applicant because of the termination and specifically the relevant net sum having regard to the deduction of PAYE taxation at the appropriate rate. 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