Trevor Brian Smith v Colemans Printing Pty Ltd [1995] IRCA 611

CATCHWORDS INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - UNLAWFUL TERMINATION - VALID REASON - PROCEDURAL FAIRNESS - COMPENSATION INDUSTRIAL RELATIONS ACT 1988 , ss170EA, 170DC, 170DE Nicolson v Heaven & Earth Gallery Pty Ltd 126 ALR 233 TREVOR BRIAN SMITH -v- COLEMANS PRINTING PTY LTD No. DI95/1165 BEFORE: BOULTON JR PLACE: DARWIN DATE: 11 JULY 1995

IN THE INDUSTRIAL RELATIONS ) COURT OF AUSTRALIA ) No. DI 95/1165 QUEENSLAND DISTRICT REGISTRY BETWEEN: TREVOR BRIAN SMITH Applicant AND: COLEMANS PRINTING PTY LTD Respondent MINUTE OF ORDERS BEFORE: BOULTON JR PLACE: DARWIN DATE: 11 JULY 1995 THE COURT ORDERS THAT: 1. The application be allowed. 2. The respondent pay to the applicant the sum of $3000 within 14 days of today. NOTE: Settlement and entry of orders are dealt with in Order 36 of the Industrial Relations Court Rules.

IN THE INDUSTRIAL RELATIONS ) COURT OF AUSTRALIA ) No. DI 95/1165 QUEENSLAND DISTRICT REGISTRY BETWEEN: TREVOR BRIAN SMITH Applicant AND: COLEMANS PRINTING PTY LTD Respondent BEFORE: BOULTON JR PLACE: DARWIN DATE: 11 JULY 1995 REASONS FOR JUDGMENT During the trial I gave leave to the applicant to amend the name of the respondent to Colemans Printing Pty Ltd, ACN 009707890, the correct title of the employer. The applicant is now aged 60. He is a qualified hand and machine compositor, having worked in the printing industry on and off for many years. The respondent runs a printing business in Darwin. In November 1993 the respondent employed the applicant as a typesetter. His principal duty was the production of inked stamps. The parties agreed that the applicant's employment was subject to the terms of the Graphic Arts (Northern Territory) Award. On 11 October 1994 the managing director of the respondent, a Mr Coleman, terminated the applicant's employment. The applicant received one week's pay in lieu of notice.