Cecile Ann Reader v Wyndham Lodge Nursing Home Inc [1995] IRCA 448

CATCHWORDS

INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - review of decision of JUDICIAL REGISTRAR - nature of review - UNLAWFUL TERMINATION - termination not for a VALID REASON - PROCEDURAL FAIRNESS - Employer failed to sufficiently formulate allegations or afford the employee an adequate opportunity to be heard. Industrial Relations Act 1988 ss 170DE, 170DC, 170EA, 170EDA Association of Professional Engineers, Scientists and Managers Australia on behalf of Cross v Deniliquin Council (1995) 129 ALR 418, 425-426 Macs Foods v McLeish, WIR 94/305, 12 July 1995, Spender J, unreported, 7 Byrne v Australian Airlines Ltd (1994) 47 FCR 300, 332 Mohazab v Dick Smith Electronics P/L NI 0327R/94, 1 June 1995, Wilcox CJ, unreported, 6-7, 9 Gibson v Bosmac Pty Ltd (1995) 130 ALR 245, 248, 252 Jason Scott Johns v Gunns Limited TI 148R of 1994, 18 May 1995, Northrop J, unreported, 33 Janice Shackley v Australian Croatian Club Ltd AI 136 of 1994, 6 September 1995, Moore J, unreported, 18 No. VI 0837R of 1994 CECILE ANN READER v WYNDHAM LODGE NURSING HOME INC Marshall J Melbourne 8 September 1995

IN THE INDUSTRIAL RELATIONS COURT ) ) OF AUSTRALIA ) ) No. VI 0837R of 1994 VICTORIA DISTRICT REGISTRY ) BETWEEN: CECILE ANN READER Applicant AND: WYNDHAM LODGE NURSING HOME INC Respondent JUDGE: Marshall J PLACE: Melbourne DATE: 8 September 1995 ORDER

THE COURT ORDERS THAT:

1. The Order of the Court constituted by Judicial Registrar Tomlinson made on 13 January 1995 is set aside. 2. It is declared that the termination of the employment of the applicant contravened ss 170DC and DE of the Act. 3. The respondent shall appoint Cecile Reader to the position in which she was employed immediately before the termination. 4. The employment of Cecile Reader is deemed to have been continued for all purposes from 13 June 1994 to the date the final order is made in this matter. 5. The matter is adjourned to the directions hearing list on 2 October 1995 to enable the parties to calculate, in accordance with the reasons for judgment, the amount of remuneration lost by the applicant because of the termination of her employment 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.