William Henry Winter v Australian National Hotels Ltd [1995] IRCA 574

CATCHWORDS INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - casual employee removed from rostered duties until declared fit to carry out all duties - had not been required to do that work previously because of disability - whether termination at the initiative of the employer. Industrial Relations Act 1988 ss 170DE, 170EA, 170CC, 377; sub-ss 170DE(1), 170EE(2); paras 170EDA(1)(a), 170EDA(1)(b) McCarry, "Constructive Dismissal of Employees in Australia" (1994) 68 A.L.J. 494 Association of Professional Engineers, Scientists and Managers Australia v. David Graphics Pty. Limited, (Unreported) Industrial Relations Court of Australia, 12 July 1995 Association of Professional Engineers, Scientists and Managers Australia v. Skilled Engineering Pty. Ltd. (1994) 122 A.L.R. 471 Grout v. Gunnedah Shire Council (1994) 125 A.L.R. 355 Nicolson v. Heaven & Earth Gallery Pty. Ltd. (1994) 126 A.L.R. 233 Siagian v. Sanel Pty. Limited (1994) 122 A.L.R. 333 Witcher v. Griffin Press Ltd. (1982) 46 I.R. 47 WILLIAM HENRY WINTER V. AUSTRALIAN NATIONAL HOTELS LTD. TI94/0193R LEE J. CANBERRA 25 OCTOBER 1995

IN THE INDUSTRIAL RELATIONS COURT) OF AUSTRALIA ) TASMANIA DISTRICT REGISTRY ) NO. TI94/0193R B E T W E E N: WILLIAM HENRY WINTER Applicant and AUSTRALIAN NATIONAL HOTELS LTD. Respondent MINUTE OF ORDER JUDGE MAKING ORDER: LEE J. DATE OF ORDER: 25 OCTOBER 1995 WHERE MADE: CANBERRA THE COURT ORDERS AND DECLARES THAT:

1. The applicant's employment was terminated by the respondent in or about September 1994. 2. The termination of the applicant's employment contravened s.170DE of the Act. 3. Reinstatement of the applicant in his employment being impracticable, there be liberty to apply to have the matter relisted for purpose of determining the appropriate amount of compensation to be paid under s.170EE of the Act. Note: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.