Golja v Lord t/as Kelvin Lord & Co [1996] IRCA 143

DECISION NO:143/96 CATCHWORDS INDUSTRIAL LAW - UNLAWFUL TERMINATION - COMPENSATION - Industrial Relations Act 1988 (Cth) s170EE(3) - priniciples for assessing compensation thereunder Industrial Relations Act 1988 (Cth) Slifka v J W Sanders Pty Limited (North J, 19 December 1995, unreported) Tranter v Council of the Shire of Wentworth (Marshall J, 24 October 1995, unreported) APESMA on behalf of Cross v Deniliquin Council (Moore J, 14 December 1995, unreported) Municipal Officers Association v Lancaster (1981) 37 ALR 559 Western Excavating (E.C.C.) Ltd v Sharp [1978] ICR 221 Liddell v Lembke (1994) 127 ALR 342; 56 IR 447 Perrin v Des Taylor Pty Ltd (Moore J, 10 March 1995, unreported) Cox v South Australian Meat Corporation (Von Doussa J, 13 June 1995, unreported) Lloyd John Boris GOLJA v. Kelvin Ernest LORD t/as KELVIN LORD & CO WI 1193 of 1995 CORAM: 21 FEBRUARY 1996 PLACE: PERTH Date of Hearing: 19 February 1996 Date of Judgment: 21 February 1996

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY No. WI 1193R of 1995 BETWEEN Lloyd John Boris GOLJA Applicant AND Kelvin Ernest LORD trading as KELVIN LORD & CO Respondent CORAM: MADGWICK J PLACE: PERTH DATE: 21 FEBRUARY 1996 REASONS FOR JUDGMENT MADGWICK J: This is an application for review of the decision of a Judicial Registrar at the behest of the erstwhile employer whom I shall call "the respondent".

The employment The erstwhile employee ("the applicant") had been a high school teacher, having graduated in science with a major in physics. He then worked for the Australian Patent Office in Canberra as an examiner of patents and had undertaken some supervisory duties. The respondent was in practice in Perth as a patent attorney. In February 1986, the applicant began work with the respondent in Perth as a technical assistant, having accepted a written offer of employment. In that written offer, the "starting salary was to be $26,000 [per annum] to be paid weekly". The terms and conditions of the employment generally were to be governed by "the Professional Engineers Award or equivalent". An offer of about $1,000 to assist the applicant to relocate to Perth from the ACT was made. The letter continued: "It is our intention that you will acquire sufficient knowledge and experience to become a Registered Patent Attorney in due course. As you know, this will entail passing the Patent Attorneys' examinations. Ultimately, at some stage after you have become a registered patent attorney there could be the possibility of us entering into a partnership agreement if this was desired by both parties. Employment may be terminated by either side on giving three months' notice in writing." During the course of his employment, the applicant qualified to become and was registered as a Registered Patent Attorney whereafter the respondent listed the applicant by name on his letterhead.