Mark Telfer v Tatiara Meat Co Pty Ltd [1995] IRCA 626

C A T C H W O R D S

INDUSTRIAL LAW - Termination of Employment - Misconduct - Reinstatement INDUSTRIAL RELATIONS ACT 1988, ss.170DE, 170DC, 170EE MARK TELFER -V- TATIARA MEAT CO PTY LTD No. SI95/1159 JUDICIAL REGISTRAR: L FARRELL PLACE: ADELAIDE (HEARD IN BORDERTOWN) DATE: 2 NOVEMBER 1995

INDUSTRIAL RELATIONS COURT ) OF AUSTRALIA ) SOUTH AUSTRALIA DISTRICT REGISTRY ) No. SI95/1159 B E T W E E N: MARK TELFER Applicant AND TATIARA MEAT CO PTY LTD Respondent MINUTES OF ORDER BEFORE: JUDICIAL REGISTRAR L FARRELL PLACE: ADELAIDE DATE: 2 NOVEMBER 1995 THE COURT ORDERS THAT: 1. The Respondent reinstate the Applicant to his former position within 21 days. 2. The Respondent pay to the Applicant the remuneration he has lost as a result of the termination of his employment. NOTE: Settlement and entry of Orders is dealt with by Order 36 of the Industrial Relations Court Rules

INDUSTRIAL RELATIONS COURT ) OF AUSTRALIA ) SOUTH AUSTRALIA DISTRICT REGISTRY ) No. SI95/1159 B E T W E E N: MARK TELFER Applicant AND TATIARA MEAT CO PTY LTD Respondent BEFORE: JUDICIAL REGISTRAR L FARRELL PLACE: ADELAIDE (HEARD IN BORDERTOWN) DATE: 2 NOVEMBER 1995 REASONS FOR JUDGMENT This is an Application pursuant to Section 170EA of the Industrial Relations Act. The Applicant claims that his employment has been terminated unlawfully. He seeks reinstatement. The Applicant was employed as a Production Worker at the Respondent's Bordertown meatworks. His employment commenced on 15 February 1995. His employment was governed by the "Tatiara Meat Company Agreement", an agreement certified by the Australian Industrial Relations Commission. From about April 1995 the amount of work available at the meatworks diminished. The Applicant was dissatisfied with this and so sought out other more lucrative employment. The Applicant gave his evidence in an articulate and straightforward manner. He gave evidence that he obtained an offer of employment as a Farm Hand and that he intended to resign from his employment on the Tuesday following the Public Holiday on 15 May 1995.