Ball v Tip Top Bakeris [1996] IRCA 4

CATCHWORDS INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - claim of UNLAWFUL TERMINATION - review of decision of JUDICIAL REGISTRAR - whether the employment was terminated for a VALID REASON - meaning of "valid reason" - whether the termination was HARSH, UNJUST OR UNREASONABLE - whether the employee was afforded PROCEDURAL FAIRNESS

Industrial Relations Act 1988 ss 170DC, 170EA, 170EDA Mara Burazin v Blacktown City Guardian Pty Ltd, Industrial Relations Court of Australia, NI 1993 of 1995, Madgwick J, 15 December 1995, as yet unreported Nicolson v Heaven & Earth Gallery Pty Ltd (1994) 1 IRCR 199, 209-210 Senathirajah Selvachandran v Peteron Plastics Pty Ltd, Industrial Relations Court of Australia, VI 94/1322R, Northrop J, 7 July 1995, as yet unreported, 6 No. WIR 575 of 1994 CORAM: Marshall J PLACE: Melbourne (heard in Perth) DATE: 12 January 1996 (order made ex tempore on 15 December 1995, in Perth)

IN THE INDUSTRIAL RELATIONS ) ) COURT OF AUSTRALIA ) ) WESTERN AUSTRALIA ) ) DISTRICT REGISTRY ) No. WIR 575 of 1994 BETWEEN: SHANE BALL Applicant AND: TIP TOP BAKERIES Respondent JUDGE: Marshall J PLACE: Melbourne DATE: 15 December 1995 ORDER THE COURT ORDERS THAT: 1. The order of the Court constituted by Judicial Registrar Wheeler be set aside. 2. The application under s170EA Industrial Relations Act 1988 be dismissed. 3. The applicant shall pay to the respondent the sum of $13,000 by 4.00 pm. on 29 December 1995. NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules.

IN THE INDUSTRIAL RELATIONS ) ) COURT OF AUSTRALIA ) ) WESTERN AUSTRALIA ) ) DISTRICT REGISTRY ) No. WIR 575 of 1994 BETWEEN: SHANE BALL Applicant AND: TIP TOP BAKERIES Respondent JUDGE: Marshall J PLACE: Melbourne (heard in Perth) DATE: 12 January 1996 REASONS FOR JUDGMENT ORDERS MADE AT CONCLUSION OF THE TRIAL The Court heard evidence and submissions in this matter on 14 and 15 December 1995. At the conclusion of the respondent's reply the Court announced that it was in a position to make orders in respect of the matter and that it would provide reasons for judgment subsequently. The orders made on 15 December 1995 were as follows: 1. The order of the Court constituted by Judicial Registrar Wheeler be set aside. 2. The application under s170EA Industrial Relations Act 1988 be dismissed. 3. The applicant shall pay to the respondent the sum of $13,000 by 4.00 pm. on 29 December 1995. What follows are the reasons why the Court came to the view that it was appropriate to make the orders set out above. BACKGROUND TO THE REVIEW On 24 November 1994 the applicant filed in the Western Australia District Registry an application under s170EA Industrial Relations Act 1988 ("the Act"). The applicant sought the remedies of reinstatement and compensation. The application revealed that the applicant's employment was terminated on 11 November 1994 and that at that time he was employed as a loader/slicer supervisor at the respondent's bakery at Canning Vale, an inner southern Perth suburb. Mr Ball was first employed by the respondent on 1 June 1990. On 13 December 1994 the District Registrar referred the matter to a Registrar for an informal mediation. A mediation conference was chaired by Registrar Stanley on 9 January 1995. It was not fruitful. The matter was adjourned for directions on 11 January 1995. On 11 January 1995 Judicial Registrar Wheeler made certain directions for the conduct of the application. The matter was heard by Judicial Registrar Wheeler on 7 March 1995. The Judicial Registrar made the following order on 21 April 1995:- "1. The respondent reinstate the applicant to the position in which the applicant was employed immediately before the termination within 14 days of the date of this order. 2. The respondent pay the applicant compensation (sic) in the sum of $13,000 within 14 days from the date of this order."