Scally, Thien-Soe & Vinson v Board of Management of Sir Charles Gairdner Hospital [1996] IRCA 130

DECISION NO: 130/96 C A T C H W O R D S INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - alleged UNLAWFUL TERMINATION - series of SPECIFIED TERM CONTRACTS - whether continuing employment - whether termination at the initiative of the employer - applicability of RRR Award - whether VALID REASON for termination - REINSTATEMENT Industrial Relations Act 1988 ss 170DE, 170EDA, 170EE(1) Western Australian Government/Australian Liquor, Hospitality And Miscellaneous Workers Union (ALHMU) Redeployment, Retraining And Redundancy (Interim) Award, 1994, cl 4, 6, 7, 8, 9 & 10, Schedule A D'Lima v Board of Management of Princess Margaret Hospital for Children, unreported, Marshall J, Industrial Relations Court of Australia, No. 407/95, 25 August 1995 Ferry v Minister for Health, Western Australia, unreported, Marshall J, Industrial Relations Court of Australia, No. 408/95, 25 August 1995 Quality Bakers of Australia Limited v Goulding (1995) 60 IR 327 Nicolson v Heaven & Earth Gallery Pty Ltd (1994) 57 IR 50 Ferry v Minister for Health, Western Australia, unreported, Wilcox CJ, North & Madgwick JJ, Industrial Relations Court of Australia, 4 April 1996 Derek SCALLY, Candida THIEN-SOE & Albrecht VINSON v BOARD OF MANAGEMENT OF SIR CHARLES GAIRDNER HOSPITAL WI 2266 of 1995, WI 2268 of 1995 & WI 2398 of 1995 BEFORE: BOON JR PLACE: PERTH DATE: 4 APRIL 1996

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY WI 2266 of 1995, WI 2268 of 1995 & WI 2398 of 1995 B E T W E E N: DEREK SCALLY, CANDIDA THIEN-SOE & ALBRECHT VINSON Applicants A N D: BOARD OF MANAGEMENT OF SIR CHARLES GAIRDNER HOSPITAL Respondent MINUTE OF ORDERS 4 APRIL 1996 BOON JR THE COURT DECLARES AND ORDERS THAT: 1. The termination of the employment of each of the applicants contravened Section 170DE of the Industrial Relations Act 1988. 2. The respondent appoint each applicant to another position with the respondent on terms and conditions no less favourable than those on which the applicants were employed immediately before the termination of his or her employment. 3 (a) The employment of Derek Scally is deemed to have been continuous for all purposes from 30 January 1995 to 29 October 1995. (b) The employment of Candida Thien-Soe is deemed to have been continuous for all purposes from 10 March 1994 until 29 October 1995. (c) The employment of Albrecht Vinson is deemed to have been continuous for all purposes from 14 November 1994 until 29 October 1995. 4. The matter is adjourned to 9.30 am on 2 May 1996 to enable the parties to calculate the amount of remuneration lost by each applicant because of the termination. NOTE: Settlement and entry of Orders is dealt with by Order 36 of the Industrial Relations Court Rules