Anthony Sangwin v Imogen Pty Ltd (trading as Carleton Custom Upholstery) [1996] IRCA 73

DECISION NO: 73/96 CATCHWORDS INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - complaint of unlawful termination - review - serious misconduct - allegation of attempted stealing - whether termination unlawful on proof that misconduct did not occur - whether employer's honest belief of misconduct held on reasonable grounds after sufficient enquiry a valid reason for termination - whether misconduct occurred in fact - whether sufficient enquiry - onus of proof Industrial Relations Act 1988 Bi-Lo Pty Ltd v Hooper (1994) 53 IR 224 Reader v Wyndham Lodge Nursing Home Inc., Industrial Relations Court of Australia, Marshall J, 8 September 1995 Senathirajah Selvachandran v Peteron Plastics Pty Ltd, Industrial Relations Court of Australia, Northrop J, 7 July 1995 Burazin v The Blacktown City Guardian Pty Ltd, Industrial Relations Court of Australia, Madgwich J, 3 November 1995 Ball v Tip Top Bakeries, Industrial Relations Court of Australia, Marshall J, 12 January 1996 Byrne v Australian Airlines Ltd (1995) 131 ALR 422 Byrne v Australian Airlines Ltd (1994) 47 FCR 300 Briginshaw v Briginshaw & Another (1938) 60 CLR 336 Matter No. SA 95/1161R ANTHONY SANGWIN v IMOGEN PTY LTD (trading as Carleton Custom Upholstery) VON DOUSSA J ADELAIDE 8 MARCH 1996

IN THE INDUSTRIAL RELATIONS COURT) ) OF AUSTRALIA ) No. SA 95/1161R ) SOUTH AUSTRALIAN DISTRICT REGISTRY ) BETWEEN: ANTHONY SANGWIN Applicant AND: IMOGEN PTY LTD (trading as Carleton Custom Upholstery) Respondent MINUTES OF ORDER JUDGE MAKING ORDER : VON DOUSSA J PLACE : ADELAIDE DATE : 8 MARCH 1996 THE COURT ORDERS THAT: 1. The decision of the judicial registrar delivered on 24 August 1995 be set aside. 2. Declare that the termination of the applicant's employment on 18 May 1995 was in contravention of s.170DE(1) of the Industrial Relations Act 1988. 3. The respondent to pay to the applicant the sum of $16,900 (less any sum required by law to be deducted by the respondent from that sum and paid to the Commissioner of Taxation). NOTE: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.