Joy Patricia Bowman and Barker Gosling Group Pty Limited [1995] IRCA 698

In the Industrial Relations Court of Australia New South Wales District Registry Matter No: NI 95/2587 Between: Joy Patricia Bowman Applicant And: Barker Gosling Group Pty Limited Respondent Coram: Tomlinson JR Place: Sydney Date: 24 November 1995 Reasons for decision delivered Ex-Tempore revised from Transcript This is an application by Joy Patricia Bowman under the Industrial Relations Act, seeking reinstatement and compensation for the termination of her contract of employment. In support of her application, the applicant filed an affidavit which was admitted into evidence as exhibit 1. That affidavit revealed that the applicant commenced work on 16 August 1993 with the Barker Gosling Group Proprietary Limited, a group that provided legal services to Barker Gosling Legal Group, a national association of independent legal practices.

Initially, the applicant stated she was appointed the position of National Administrator wherein she reported to a Group Management Committee. Marked exhibit A to her affidavit was her letter of appointment dated 29 September 1993 indicating initially that the period of employment was to be for 12 months. However, evidence given to the court indicated that the employment went much further than that. There was evidence before the court that at no time was the employment of the applicant unsatisfactory, nor was there any need to caution or warn her about any conduct or poor performance.

The applicant indicated the extent of her duties and went on to state that in about May of 1994, she attended a board meeting of the respondent, as a result of which her salary package was substantially increased. It was not in dispute between the parties, that at the time of termination the salary of the applicant was $45,000. The applicant stated that in or about May of 1994, the board of the respondent decided to appoint a Managing Director, a Mr Alan Kirsner. Mr Kirsner commenced duties as Managing Director of the respondent, Barker Gosling Group Proprietary Limited on 31 October 1994.