Ross Salvatore v BGC Concrete [1995] IRCA 680

C A T C H W O R D S INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - alleged UNLAWFUL TERMINATION - whether PROCEDURAL FAIRNESS - whether a VALID REASON - REINSTATEMENT INDUSTRIAL RELATIONS ACT 1988 Ss 170DC, 170DE, 170EA, 170EE Nicolson v Heaven and Earth Gallery Pty Ltd (1994) 126 ALR 233 Byrne v Australian Airlines Limited (1995) 131 ALR 422 Klingenberg & TWU v I R Cootes Pty, unreported, IRCA No. 398/95, Marshall J, 24 August 1995 ROSS SALVATORE -v- BGC CONCRETE - WI 95/2073 BEFORE: RITTER JR PLACE: PERTH DATE: 21 DECEMBER 1995

IN THE INDUSTRIAL RELATIONS ) COURT OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) No. WI 95/2073 BETWEEN: ROSS SALVATORE - Applicant AND: BGC CONCRETE - Respondent MINUTE OF ORDERS BEFORE: RITTER JR PLACE: PERTH DATE: 21 DECEMBER 1995 THE COURT ORDERS THAT: 1. It is declared that the termination of the employment of the applicant by the respondent ("the termination") contravened Sections 170DC and 170DE of the Act. 2. Within 14 days of the date of this order, the respondent shall reinstate the applicant by appointing him to the position in which he was employed immediately before the termination. 3. The employment of the respondent is deemed to have been continued for all purposes from 8 September 1995 until the date of reinstatement in accordance with this order. 4. Within 14 days of the date of this order, the respondent shall pay to the applicant loss of remuneration at the rate of $438.00 per week from 22 September 1995 to the date of reinstatement, less the amount the applicant earned from his employment with Soiland. 5. If the parties are unable to agree the amount of remuneration lost there be liberty to apply on at least 48 hours notice to the other party. NOTE: Settlement and entry of Orders is dealt with by Order 36 of the Industrial Relations Court Rules