Michael Bernie Dieter Korent and Yellow Bins Pty Limited [1995] IRCA 590

Industrial Relations Court of Australia New South Wales District Registry NI 95/1939 Between: Michael Bernie Dieter KORENT Applicant And: Yellow Bins Pty Limited Respondent Place: Sydney Date: 9 October 1995 Before: Tomlinson JR Reasons for decision delivered Ex-Tempore

In this matter Mr Moore appears on behalf of the applicant and Mr Creighton on behalf of the respondent. The respondent was not present in person. Mr Creighton finds himself in the extraordinarily difficult position of having very little by way of formal instructions in the matter and so is unable to assist the court. Accordingly much of what the applicant stated on oath remains uncontested. The applicant in his evidence in chief stated he commenced employment as a result of a Jobstart agreement on 14 November 1994. The applicant was employed as a driver by the respondent and during the course of his employment there were no complaints as to the manner in which the applicant performed his duties. The applicant stated he was dismissed suddenly on 5 April 1995 after the proprietor of the respondent told the applicant that he could not afford to pay him. Apparently at that discussion the applicant was told he was too slow and that there were "hold ups" during the course of the employment.

The applicant, in response to a question from Mr Moore, stated that he disagreed with these allegations but to my mind it appears that the respondent had already determined that Mr Korent would be dismissed. There was some evidence before the court that a Mr Woods was employed by the respondent shortly before the termination of the applicant.

There was no doubt in the mind of the applicant that he was permanent, that he was never employed as a casual employee, that he received no casual loadings in forfeiture of his permanent status rights, that he served a probationary period. That at the expiration of that probationary period to the mind of the applicant he became a permanent employee.