Carnegie v Eastern Energy Limited [1996] IRCA 124

DECISION NO: 124/96 C A T C H W O R D S INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT -RESTRUCTURE - Transfer of employee - allocation of meter reading duties - allocation of general duties - reallocation of meter reading duties - employee objects to reallocation of duties complaints re performance of duties - Performance - CONDUCT - Ample opportunity to respond to allegations - VALID REASON - termination not harsh, unjust or unreasonable Industrial Relations Act 1988 ss.170DC, 170DE, 170EA CASES: Bostik (Australia) Pty Ltd v Gorgevski (No 1) (1992) 36 FCR 20 Byrne and Frew and Australian Airlines (1995) 61 IR 32 CARNEGIE -v- EASTERN ENERGY LIMITED No. VI-4041 of 1995 Before: Judicial Registrar Ryan Place: Melbourne Date: 23 February 1996

INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY VI-4041 of 1995 B E T W E E N : FRANK CARNEGIE Applicant AND EASTERN ENERGY LIMITED Respondent MINUTES OF ORDERS Judicial Registrar Ryan 23 February 1996 THE COURT ORDERS: 1. The application be dismissed. NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules.

INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY VI-4041 of 1995 B E T W E E N : FRANK CARNEGIE Applicant AND EASTERN ENERGY LIMITED Respondent Before: Judicial Registrar Ryan Place: Melbourne Date: 23 February 1996 REASONS FOR JUDGMENT (Ex Tempore) The Claim

Mr Frank Carnegie (the applicant) has lodged a claim of unlawful termination of employment. The application is by way of the standard form 132 and indicates that reinstatement is the remedy sought. The applicant appeared on his own behalf and indicated in the course of the hearing that he is not seeking reinstatement as a meter reader, which was the position he held at the time of termination of his employment. The applicant seeks reinstatement to an unspecified position, presumably to a position he would regard as more suitable given his qualifications and experience. Late Application