John Steedman v Hasol Australia [1995] IRCA 681

C A T C H W O R D S INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - alleged UNLAWFUL TERMINATION - whether VALID REASON - HARSH, UNJUST OR UNREASONABLE - REINSTATEMENT INDUSTRIAL RELATIONS ACT 1988 Ss 170DC, 170DE, 170EA, 170EE Liddell v Lembke (1994-5) 127 ALR 342, 56 IR 447 Mitchell-Collins v The Latrobe Council, unreported, IRCA No. 422 of 1995, Spender J, 25 August 1995 Chambers v James Cook University of North Queensland, unreported, IRCA No. 459 of 1995, Spender J, 25 August 1995 Johns v Gunns Ltd(1995) 60 IR 258 Nicholson v Heaven & Earth Gallery Pty Ltd (1994) 126 ALR 233, 57 IR 50 Cox v S.A. Meat Corporation 60 IR 293 Izdes v L.G. Bennett & Co Pty Ltd t/AS Alba Industries, unreported, IRCA No. 465 of 1995, Beazley J, 14 September 1995 Abbott-Ethrington v Houghton Motors, unreported, IRCA No. 528 of 1995, Gray J, 28 Octobr 1995 Patterson v Newcrest Mining Ltd, unreported, WI 0595R of 1994, Marshall J, 21 December 1995 Janicek v ICI Dulux Australia, unreported, IRCA No. 559 of 1995, Wilcox CJ, 4 September 1995 JOHN STEEDMAN -v- JASOL AUSTRALIA - WI 95/1789 BEFORE: R D FARRELL JR PLACE: PERTH DATE: 8 DECEMBER 1995

IN THE INDUSTRIAL RELATIONS ) COURT OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) No. WI 95/1789 BETWEEN: JOHN STEEDMAN - Applicant AND: JASOL AUSTRALIA - Respondent MINUTE OF ORDERS BEFORE: R D FARRELL JR PLACE: PERTH DATE: 8 DECEMBER 1995 THE COURT DECLARES THAT: 1. The termination of the Applicant by the respondent ("the termination") contravened Section 170DE of the Act. THE COURT ORDERS THAT: 2. The respondent shall appoint the applicant to the position in which he was employed immediately before the termination. 3. The employment of the applicant is deemed to have been continued for all purposes from the date of the termination until the date of his reinstatement in accordance with this order. 4. The parties will attempt to reach agreement on the appropriate figures for the amount of remuneration lost by the applicant because of the termination of his employment. If agreement is reached a consent order may be filed pursuant to Order 36 rule 10 on or before 3.00 p.m. on Friday 15 December 1995. In the absence of agreement, written submissions on the calculation of remuneration lost shall be filed on or before that time. 5. The matter is adjourned sine die. NOTE: Settlement and entry of Orders is dealt with by Order 36 of the Industrial Relations Court Rules