Luke Ciaron Brennan v Matilda Bay Brewing Co Trading as the Brass Monkey Pub and Brasserie [1995] IRCA 635

C A T C H W O R D S INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - claim of UNLAWFUL TERMINATION - whether there was a VALID REASON for termination - HARSH, UNJUST OR UNREASONABLE INDUSTRIAL RELATIONS ACT 1988 Ss 170EA, 170EDA, 170DC, 170DE LUKE CIARON BRENNAN -v- MATILDA BAY BREWING CO TRADING AS THE BRASS MONKEY PUB AND BRASSERIE - WI95/1758 BEFORE: R D FARRELL JR PLACE: PERTH DATE: 27 NOVEMBER 1995

IN THE INDUSTRIAL RELATIONS ) COURT OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) No. WI 95/1758 BETWEEN: LUKE CIARON BRENNAN - Applicant AND: MATILDA BAY BREWING CO. TRADING AS THE BRASS MONKEY PUB AND BRASSERIE - Respondent MINUTE OF ORDERS BEFORE: R D FARRELL JR PLACE: PERTH DATE: 27 NOVEMBER 1995 THE COURT ORDERS THAT: 1. The application be dismissed. NOTE: Settlement and entry of Orders is dealt with by Order 36 of the Industrial Relations Court Rule IN THE INDUSTRIAL RELATIONS ) COURT OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) No. WI 95/1758 BETWEEN: LUKE CIARON BRENNAN - Applicant AND: MATILDA BAY BREWING CO LTD TRADING AS THE BRASS MONKEY PUB AND BRASSERIE - Respondent BEFORE: R.D. FARRELL JR PLACE: PERTH DATE: 27 NOVEMBER 1995 REASONS FOR JUDGMENT This is an application under Section 170EA of the Industrial Relations Act 1988 for compensation arising from the alleged unlawful termination of the employment of the applicant, Luke Ciaron Brennan ("Mr Brennan"), by the respondent, Matilda Bay Brewing Co Ltd trading as the Brass Monkey Pub and Brasserie ("the Brass Monkey"). Reinstatement is not sought. The application was heard with another application for compensation under Section 170EA of the Act, arising from the termination of the employment of Nicholas Norman Venus ("Mr Venus") by the Brass Monkey arising out of largely the same circumstances as this application. These reasons should be read with the reasons for judgment in that matter. Ms Frayne, who appeared for Mr Brennan, contends that there was no valid reason for Mr Brennan's dismissal, contrary to Section 170DE (1) of the Act, and that in any event his dismissal was harsh, unjust or unreasonable, contrary to Section 170DE (2) of the Act. Mr Sher, who appeared for the Brass Monkey, contends that the Brass Monkey terminated Mr Brennan's employment for a valid reason connected with his conduct, and that, having regard to Mr Brennan's conduct, the termination was not harsh, unjust or unreasonable. Ms Frayne further contends that Mr Brennan was not given the opportunity to defend himself against the allegations made relating to his conduct, contrary to Section 170DC of the Act. Mr Sher contends he was given that opportunity. Mr Brennan's Employment History Mr Brennan began working as a waiter in the Brasserie section of the Brass Monkey in June 1994, becoming Brasserie Supervisor in October 1994 and a duty manager in January 1995. The managerial structure of the Brass Monkey is discussed in my reasons for judgment in relation to Mr Venus' application. At the end of May 1995, a new Manager was placed in control of the Brass Monkey - Mr Christopher Batten ("Mr Batten"). There was some evidence that Mr Brennan and Mr Batten already knew each other and had a good relationship. I have discussed in my reasons for decision in relation to Mr Venus' application the circumstances in which a case of Peel Estate Shiraz was ordered, delivered and partly consumed. I have also canvassed the interaction between Mr Hawkins, another duty manager, and Mr Brennan and Mr Venus, and the manner in which the matter eventually came to the attention of Mr Batten.