Jerzy Slezak v Pilkington (Aust) Operations Ltd [1995] IRCA 638

C A T C H W O R D S INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - UNLAWFUL TERMINATION - Rehabilitation of injured worker - Normal duties - Modified Duties - Requirement that worker comply with timetable involving full time process work - Worker unfit for full range of process work on factory floor - Onus of proving reason for termination - Reinstatement Industrial Relations Act 1988, S170DB, S170DE, S170DF, S170EA, S170EE CASES: Johns v Gunns Limited IRCA (unreported) 18 May 1995 Selvachandran v Peteron Plastics Pty Ltd IRCA (unreported) 7 July 1995 Heidt v Chrysler Australia Limited (1976) 26 FLR 257 Atkins v Kirkstall-Repco Pty Ltd (1957) 3 FLR 439 JERZY SLEZAK v PILKINGTON (AUST) OPERATIONS LTD No. VI-3531/95 Before: Ryan JR Place: Melbourne Date: 1 December 1995

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY Matter No VI-3531/95 B E T W E E N: JERZY SLEZAK Applicant AND: PILKINGTON (AUST) OPERATIONS LTD Respondent RYAN JR MINUTES OF ORDER 1 DECEMBER 1995 THE COURT ORDERS THAT: (1) The employer reinstate the employee Jerzy Slezak to either the position in which he was employed immediately before termination or to another position on terms and conditions no less favourable to those on which the employee was employed immediately before termination. (2) All steps necessary are to be taken to ensure the continuity of the employee's employment from the date of termination. (3) The employer pay to the employee the remuneration lost by the employee because of the termination. This sum is to be settled by agreement. In the event that this sum is not agreed by the solicitors for the applicant and the solicitors for the respondent the remuneration lost will be determined by the Court. Liberty to apply is granted. (4) The order for reinstatement of the applicant is effective from Friday 1 December 1995. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.