Association of Professional Engineers, Scientists and Managers Australia on behalf of Phillip Edward Cross v Deniliquin Council [1995] IRCA 651

CATCHWORDS TERMINATION OF EMPLOYMENT - review of decision of Judicial Registrar - whether valid reason for termination arising out of the operational requirements of business - whether genuine redundancy - relevance of another position arising from restructure - onus of proving existence of valid reason - whether court can take into account personal circumstances of the employee, the terms upon which the employee was initially employed and the procedure adopted by the employer in the termination in determining whether the termination is harsh, unjust or unreasonable. Industrial Relations Act 1988 (Cth) - s.170CA, s.170DC, s.170DE meaning of "having regard to", s.170EDA, s.170EE, Schedule 10, Schedule 11 Acts Interpretation Act 1901 (Cth) - s.15AB R v Hunt; Ex parte Sean Investments Pty Ltd (1979) 25 ALR 497 Croft v Minister for Health (1983) 45 ALR 449 Queensland Medical Laboratory & Ors v Blewett & Ors (1983) 84 ALR 615 Byrne v Australian Airlines Ltd (1995) 131 ALR 422 Kenefick & Anor v Australian Submarine Corporation Pty Ltd (1995) 131 ALR 197 Jones v Department of Energy and Minerals, Ryan J, 16 June 1995, unreported Liddell v Lembke (1994) 127 ALR 342 No. NI253R of 1994 ASSOCIATION OF PROFESSIONAL ENGINEERS, SCIENTISTS AND MANAGERS AUSTRALIA ON BEHALF OF PHILIP EDWARD CROSS -v- DENILIQUIN COUNCIL MOORE J SYDNEY 14 December 1995

IN THE INDUSTRIAL RELATIONS ) ) COURT OF AUSTRALIA ) No. NI253R of 1994 ) NEW SOUTH WALES DISTRICT REGISTRY) BETWEEN: ASSOCIATION OF PROFESSIONAL ENGINEERS, SCIENTISTS AND MANAGERS AUSTRALIA ON BEHALF OF PHILIP EDWARD CROSS Applicant AND: DENILIQUIN COUNCIL Respondent JUDGE: Moore J PLACE: Sydney DATE: 14 December 1995 ORDER OF THE COURT THE COURT ORDERS THAT: 1. The matter is adjourned to enable the parties to bring in short minutes to give effect to the reasons for judgment. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.