Johnson v Queens Parade Hardware Pty Ltd (Trading As Clifton Hill Mitre 10) [1996] IRCA 100

DECISION NO: 100/96 CATCHWORDS INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - review of decision of JUDICIAL REGISTRAR - approach on review regarding issues of witness credibility Industrial Relations Act 1988 ss 170DB, 170DE, 170EA, 170EE Mac Foods Centre Pty Ltd v Kerry Lee McLeish, Industrial Relations Court of Australia, WIR 94/305, 12 July 1995, as yet unreported, at 7, Spender J Mario Bartucciotto v Euro Printing Co Pty Ltd, Industrial Relations Court of Australia, WI 95/1177, 21 February 1996, as yet unreported, at 18, von Doussa J Reader v Wyndham Lodge Nursing Home Inc, Industrial Relations Court of Australia, VI 94/0837R, 8 September 1995, as yet unreported, Marshall J Michael Slifka v J W Sanders Pty Limited, Industrial Relations Court of Australia, VI 94/2741R, 19 December 1995, as yet unreported, North J No. VI 2152R of 1995 AARON PAUL JOHNSON v QUEENS PARADE HARDWARE PTY LTD (trading as CLIFTON HILL MITRE 10) JUDGE: Marshall J PLACE: Melbourne DATE: 18 March 1996

IN THE INDUSTRIAL RELATIONS ) ) COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) No. VI 2152R of 1995 BETWEEN: AARON PAUL JOHNSON Applicant AND: QUEENS PARADE HARDWARE PTY LTD (trading as CLIFTON HILL MITRE 10) Respondent JUDGE: Marshall J PLACE: Melbourne DATE: 18 March 1996 ORDER THE COURT ORDERS THAT: 1. It is declared that the termination of the employment of the applicant by the respondent contravened ss 170DE and 170DB of the Industrial Relations Act 1988 ("the Act"). 2. Pursuant to s170EE(3) of the Act the respondent shall pay to the applicant compensation in the sum of $13,698.70. 3. Pursuant to s170EE(5) of the Act the respondent shall pay to the applicant damages in the sum of $1,120.00. 4. Pursuant to the rules of Court the total sum payable shall be increased by interest at the rate of 12% thereon from 24 October 1995. 5. The total sum payable shall be paid to the applicant by the respondent on or before 4.00 pm on Monday, 25 March 1996. NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules.