Kenneth Purdue, Paul Ellison, Peter Jackson v Brown and Hatton Group Limited, Brown and Hatton Rural Pty Limited, Parkville Pig Stud Pty Limited [1996] IRCA 79

DECISION NO: 79/96 CATCHWORDS INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT -UNLAWFUL TERMINATION- VALID REASON - IDENTITY OF EMPLOYER - REINSTATEMENT - COMPENSATION Industrial Relations Act 1988, Ss. 4, 170 DB EA EDA EE, and 347 May v. Lilyvale Hotel Pty Limited (unreported) Wilcox C.J. Judgment No. 628/95 KENNETH PURDUE, PAUL ELLISON, PETER JACKSON -V- BROWN AND HATTON GROUP PTY LIMITED BROWN AND HATTON RURAL PTY LIMITED PARKVILLE PIG STUD PTY LIMITED NI 531 of 1994 NI 533 of 1994 NI 534 of 1994 CORAM: JUDICIAL REGISTRAR LINKENBAGH PLACE: SYDNEY DATE: 18 MARCH 1996

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY NI 531 of 1994 BETWEEN: Kenneth PURDUE Applicant AND: BROWN AND HATTON GROUP PTY LIMITED (A.C.N 003 573 537) First Respondent BROWN AND HATTON RURAL PTY LIMITED (A.C.N 003 747 966) Second Respondent PARKVILLE PIG STUD PTY LIMITED (A.C.N 059 356 946) Third Respondent CORAM: JUDICIAL REGISTRAR LINKENBAGH PLACE: SYDNEY DATE: 18 MARCH 1996 MINUTES OF ORDERS 1. That the name of the Respondent be changed to Brown and Hatton Group Pty Limited (A.C.N. 003 573 537) and Brown and Hatton Rural Pty Limited (A.C.N. 003 747 966) and Parkville Pig Stud Pty Limited (A.C.N. 059 356 946). 2. That the respondents reappoint the applicant to another position on terms and conditions no less favourable than those on which he was employed on 28 June 1994. 3. That the respondents do all things necessary to maintain the continuity of the employment. 4. That the respondents pay to the applicant the remuneration lost by him because of the termination, the calculation of that remuneration to take into account my findings of fact as to the applicant's earnings from other employment since 30 June 1994. Note: Settlement and entry of Orders is dealt with by Order 36 of the Industrial Relations Court Rules.