Robert Houston v James Hardie Pipelines [1995] IRCA 510

C A T C H W O R D S INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - VALID REASON- HARSH, UNJUST OR UNREASONABLE - employee terminated for clocking another employee's card - whether serious misconduct - whether termination harsh, etc. INDUSTRIAL RELATIONS ACT 1988, Sections 170DC, 170DE, 170EDA Gibson v Bosmac Pty Ltd (Industrial Relations Court of Australia, Wilcox CJ, 5 May 1995) Gregory v Philip Morris Limited (1988) 80 ALR 455 Construction, Forestry, Mining & Energy Union (FEDFA Vic Branch) v Kodak (Australasia) Pty Ltd, (Industrial Relations Court of Australia, Murphy JR, 21 December 1994) Catalano v City of Armadale (1989) W.A.I.G. 2782 ROBERT HOUSTON -v- JAMES HARDIE PIPELINES - WI 94/533 BEFORE: MURPHY JR PLACE: PERTH DATE: 12 JUNE 1995

IN THE INDUSTRIAL RELATIONS ) COURT OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) No. WI 94/533 BETWEEN: ROBERT HOUSTON - Applicant AND: JAMES HARDIE PIPELINES - Respondent Before: Murphy JR Place: Perth Date: 12 June 1995 MINUTE OF ORDERS THE COURT ORDERS THAT: 1. The application is dismissed. NOTE:Settlement and entry of Orders dealt with by Order 36 of the Industrial Relations Court

IN THE INDUSTRIAL RELATIONS ) COURT OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) No. WI 94/533 BETWEEN: ROBERT HOUSTON - Applicant

AND: JAMES HARDIE PIPELINES - Respondent Before: Murphy JR Place: Perth Date: 12 June 1995 REASONS FOR JUDGMENT (EX TEMPORE, REVISED FROM TRANSCRIPT) This is an application under subdivision (C) of Part VIA of the Industrial Relations Act (the Act) whereby the applicant alleges that the termination of his employment by the respondent on 8 November 1994 was in breach of the Act. Findings on the evidence The events giving rise to the termination, I find on the evidence, to be as follows. The applicant works permanent night shift with the respondent as an operator. At the time his team leader was Mr Berry (Berry).