Chanthaly Siharath v BOC Gases Australia Limited [1995] IRCA 691

C A T C H W O R D S

INDUSTRIAL LAW - Termination of Employment - misconduct INDUSTRIAL RELATIONS ACT 1988, ss.170DE, 170EE, 170DC No. SI 95/1257 ANOUROM VILAYTHONG -V- BOC GASES AUSTRALIA LIMITED and No. SI 95/1261 CHANTHALY SIHARATH -V- BOC GASES AUSTRALIA LIMITED JUDICIAL REGISTRAR: L FARRELL PLACE: ADELAIDE DATE: 21 DECEMBER 1995 INDUSTRIAL RELATIONS COURT ) OF AUSTRALIA ) SOUTH AUSTRALIA DISTRICT REGISTRY) No SI 95/1257 B E T W E E N: ANOUROM VILAYTHONG Applicant - and - BOC GASES AUSTRALIA LIMITED Respondent MINUTES OF ORDER BEFORE : JUDICIAL REGISTRAR FARRELL PLACE : ADELAIDE DATE : 21 DECEMBER 1995 THE COURT ORDERS THAT: 1. The Respondent reinstate the Applicant to his former position within 21 days. 2. The Respondent pay to the Applicant the remuneration he has lost as a result of the termination of his employment. 3. Liberty to apply with respect to Order No. 2. NOTE: Settlement and entry of Orders is dealt with by Order 36 of the Industrial Relations Court Rules

INDUSTRIAL RELATIONS COURT ) OF AUSTRALIA ) SOUTH AUSTRALIA DISTRICT REGISTRY) No SI 95/1261 B E T W E E N: CHANTHALY SIHARATH Applicant - and - BOC GASES AUSTRALIA LIMITED Respondent MINUTES OF ORDER BEFORE : JUDICIAL REGISTRAR FARRELL PLACE : ADELAIDE DATE : 21 DECEMBER 1995 THE COURT ORDERS THAT: The Applicaton is dismissed. NOTE: Settlement and entry of Orders is dealt with by Order 36 of the Industrial Relations Court Rules

INDUSTRIAL RELATIONS COURT ) OF AUSTRALIA ) SOUTH AUSTRALIA DISTRICT REGISTRY ) No. SI 95/1257 B E T W E E N: ANOUROM VILAYTHONG Applicant - and - BOC GASES AUSTRALIA LIMITED Respondent AND No SI 95/1261 B E T W E E N: CHANTHALY SIHARATH Applicant - and - BOC GASES AUSTRALIA LIMITED Respondent

BEFORE : JUDICIAL REGISTRAR FARRELL PLACE : ADELAIDE DATE : 21 DECEMBER 1995 REASONS FOR JUDGMENT These two applications pursuant to Section 170EA of the Industrial Relations Act arise out of the one factual situation. I therefore ordered that they be heard together. Both Applicants seek reinstatement.