Julien v Pilkington (Aust) Ltd [1996] IRCA 155

DECISION NO: 155/96 C A T C H W O R D S INDUSTRIAL LAW - Termination of Employment - Reinstatement Industrial Relations Act 1988 ss.170DC, 170DE, 170EA, 170EE CASES: Nicolson and Heaven and Earth Gallery Pty Ltd (1994) 126 ALR 233.

McKay and Aston Books (unreported) 23 March 1995, NI-1301 of 1994

Williams and Printers Trade Services (1984) 7 IR 82

Laws and London Chronicle Indicator Newspapers Limited (1959) 1 W.L.R. 698.

Bostik Australia Pty Ltd and Georgevski (1992) 36 FCR 20

Byrne and Australian Airlines (1994) 120 ALR 274

Byrne and Frew and Australian Airlines (1995) 131 ALR 422

Nicolson and Heaven and Earth Gallery Pty Ltd (1994) 1 IRCR 199.

Johns and Gunn Limited (1995) 60 IR 258 DARRYL JOHN JULIEN -v- PILKINGTON (AUST) LTD No. VI-5442 of 1995 Before: Judicial Registrar Ryan Place: Melbourne Date: 12 April 1996

INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY VI-5442 of 1995 B E T W E E N : DARRYL JOHN JULIEN Applicant AND PILKINGTON (AUST) LTD Respondent MINUTES OF ORDERS Judicial Registrar Ryan 12 April 1996 THE COURT ORDERS: 1. I order the Respondent to reinstate the Applicant by appointing him to another position on terms and conditions no less favourable to those in which the employee was employed immediately before the termination. This order is specifically made under S170EE(1)(a)(ii) and no order is made under S170EE(1)(a)(i) because in the interests of workplace harmony it is my view that the Applicant should be re-employed in a position on a shift and in a team other than that on which and in which Mrs Danfield works. 2. I order pursuant to S170EE(1)(b)(i) that the Respondent take steps to maintain the continuity of the Applicant's employment from the date of termination to the date of re-employment. 3. I order pursuant to S170EE(1)(b)(ii) the Respondent to pay the employee (the Applicant) remuneration lost by the employee because of the termination and that such remuneration should be calculated using the method outlined by Northrop J in Johns and Gunns Limited 1995, 60 IR 258 at 272 and 273. 4. Orders are to be made as outlined above. In respect of remuneration under S170EE(1)(b)(ii) the matter is adjourned to enable the parties to see if any amount can be agreed upon. If agreement is reached a further consent order can be made pursuant to Order 35 Rule 10. If no agreement can be reached the parties are directed to file submissions setting out the calculations by which the disputed amounts are reached and the Court will determine the amount to be paid. For that last order I also refer the parties to Johns and Gunn at 60 IR 273 and 274. NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules.