Wyndham Lodge Nursing Home Inc v Reader [1996] IRCA 131

DECISION NO: 131/96 INDUSTRIAL LAW - APPEAL from single judge - NATURE OF REVIEW of Judicial Registrar's exercise of power - use of the review of evidence taken before Judicial Registrar - consequences in relation to issues of credit - ONUS of proof on review - what constitutes an OPPORTUNITY to answer ALLEGATIONS - REMEDY. Industrial Relations Act 1988, ss. 170DB, 170DC, 170DE, 170EA and 377 Andrews v Uniting Church in Australia Frontier Services trading as Old Timers (1995) 60 IR 437; Association of Professional Engineers, Scientists & Managers Australia on behalf of Cross v Deniliquin Council (1995) 129 ALR 418; Brandy v Human Rights & Equal Opportunities Commission (1995) 127 ALR 1; Cox v South Australian Meat Corporation (1995) 60 IR 243; Gibson v Bosmac Pty Ltd (1995) 130 ALR 245; Harris v Caladine (1991) 172 CLR 84; Keating v Teico Investments Pty Ltd (1994) 57 IR 339; Mace v Murray (1955) 92 CLR 370; Macs Foods Centre Pty Ltd v McLeish (Spender J, 12 July 1995, unreported) WYNDHAM LODGE NURSING HOME INC v CECILE ANN READER No. VI 95/5014 CORAM: WILCOX CJ, RYAN and NORTH JJ PLACE: MELBOURNE DATE: 15 APRIL 1996

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY No VI 95/5014 BETWEEN: WYNDHAM LODGE NURSING HOME INC Appellant AND: CECILE ANN READER Respondent CORAM: WILCOX CJ, RYAN and NORTH JJ PLACE: MELBOURNE DATE: 15 APRIL 1996 THE COURT ORDERS THAT: 1. The appeal be allowed; 2. Orders 2 to 5 made by Marshall J on 8 September 1995 and the order made by Marshall J on 12 October 1995 be set aside; 3. It be declared that the termination by Wyndham Lodge Nursing Home Inc of the employment of Cecile Ann Reader contravened s.170DC of the Industrial Relations Act 1988. 4. The following issues in the review of the exercise of power by Judicial Registrar Tomlinson on 13 January 1995 be remitted for hearing by a judge other than the trial judge, namely: (a) whether Cecile Ann Reader assaulted Mrs Bullard on 12 June 1994; and (b) the appropriate remedy for the contravention of s.170DC and s.170DE (if this be established) of the Industrial Relations Act 1988. NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court rules.