Clem Paul Michael Cumbo v Sin-Aus-Bel Pty Ltd t/as The Ascot Inn [1995] IRCA 682

C A T C H W O R D S INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - alleged UNLAWFUL TERMINATION - whether PROCEDURAL FAIRNESS - HARSH, UNJUST AND UNREASONABLE - REINSTATEMENT INDUSTRIAL RELATIONS ACT 1988 Ss 170DB, 170DC, 170DE, 170EA, 170EDA, 170EE Nicolson v Heaven and Earth Gallery Pty Ltd (1994) 126 ALR 233 Janicek v ICI Dulux, unreported, IRCA No. 599/95, Wilcox CJ, 4 September 1995 Byrne v Australian Airlines Limited (1995) 131 ALR 422 Liddell v Lembke (1994) 127 ALR 342 Abbot-Etherington v Houghton Motors Pty Ltd, unreported, IRCA No. 528/95, Marshall J, 28 September 1995 Tranter v Council of the Shire of Wentworth, unreported, IRCA No. 573/95, Marshall J, 24 October 1995 Klingenburg & TWU v I.R.. Coates Pty Ltd, IRCA No. 398/95, Marshall J, 24 August 1995 CLEM PAUL MICHAEL CUMBO -v- SIN-AUS-BEL PTY LTD t/as THE ASCOT INN - WI 95/2076 BEFORE: RITTER JR PLACE: PERTH DATE: 21 DECEMBER 1995

IN THE INDUSTRIAL RELATIONS ) COURT OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) No. WI 95/2076 BETWEEN: CLEM PAUL MICHAEL CUMBO - Applicant AND: SIN-AUS-BEL PTY LTD t/as THE ASCOT INN - 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 Section 170DC of the Industrial Relations Act. 2. The respondent shall within 14 days reinstate the applicant by appointing him to the position in which he was employed immediately before the termination. 3. The employment of the applicant is deemed to have continued for all purposes from 5 September 1995 until the date of reinstatement in accordance with this order.

4. Within 14 days of the date of this order, the respondent pay to the applicant his loss of remuneration at the rate of $411.70 per week less PAYE taxation at the appropriate rate, from 19 September 1995 to the date of reinstatement. 5. If the amount to be paid pursuant to order 4 cannot be agreed, there be liberty to apply on not less than 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