Kevin Boland and Maningrida Council [1995] IRCA 429

INDUSTRIAL RELATIONS COURT OF AUSTRALIA NORTHERN TERRITORY DISTRICT REGISTRY No DI 94/159 BETWEEN: Kevin BOLAND Applicant AND: MANINGRIDA COUNCIL Respondent PLACE: DARWIN DATE: 1 SEPTEMBER 1995 BEFORE: TOMLINSON JR Revised Reasons for decision delivered Ex-Tempore This matter of Kevin Boland and Maningrida Shire Council was heard in Darwin on 8, 9, 10, 14, 15, 16 and 17 August. The reasons for this decision are delivered ex tempore. By application dated 26 September 1994, the applicant Kevin Boland sought reinstatement and compensation from the respondent. I have considered the matters in detail. I note the submission of Mr Kilvington that he would urge me not to hand my reasons down ex tempore. I have reached a conclusion and I think it is fair to the parties concerned that as soon as that is done that I advise them.

Later that was changed to seek compensation only. By affidavit provided under the rules of court, the applicant stated he was employed as a bank officer under an enterprise agreement being the Remote Communities Local Government (Northern Territory) Award 1989. The work commencement date was stated as being 1986, but in oral evidence the applicant told the court he began work in either 1989 or 1990. The date of termination was stated as being 23 September 1994 and the reason given by the respondent for dismissing the employee was gross neglect of duty.

By affidavit dated 12 October 1994, Martin Louis Blandy on behalf of the respondent stated the reason for the respondent's decision to terminate the employee's employment was based on capacity and/or conduct. The argument outlined that there existed an adequate alternate remedy was not put to the court in the course of these proceedings. A chronology filed by the respondent on 14 June 1994 stated the facts as being: