Cooper v Javani Pty Ltd (McPhee Meat Catering) [1996] IRCA 172

Federal Court of Australia

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DECISION NO: 172/96 C A T C H W O R D S INDUSTRIAL LAW - Termination of employment - Probation - Compensation Industrial Relations Act 1988 ss.170DE(1), 170DE(2), 170DC CASES: Slifka v Sanders Pty Ltd I.R.C.A. (19 December 1995). Decision No 701/95. Nicolson and Heaven and Earth Gallery (1994) 1 IRCR 199 COOPER -v- JAVANI PTY LTD (MCPHEE MEAT CATERING) No. VI-5162 of 1995 Before: Judicial Registrar Ryan Place: Melbourne Date: 10 May 1996

INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY VI-5162 of 1995 B E T W E E N : RICHARD EDWARD COOPER Applicant AND JAVANI PTY LTD (MCPHEE MEAT CATERING) Respondent MINUTES OF ORDERS Judicial Registrar Ryan 10 May 1996 THE COURT ORDERS: 1. That the Respondent pay to the Applicant compensation in the sum of $8,750. 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-5162 of 1995 B E T W E E N : RICHARD EDWARD COOPER Applicant AND JAVANI PTY LTD (MCPHEE MEAT CATERING) Respondent Before: Judicial Registrar Ryan Place: Melbourne Date: 10 May 1996 REASONS FOR JUDGMENT UNLAWFUL TERMINATION OF EMPLOYMENT The Application The Applicant claims unlawful termination of employment. Initially, he sought reinstatement and compensation but when the matter was heard in March 1996 he was only pressing compensation. The Applicant was employed to assist the Manager of the Respondent's meatworks in Tullamarine. The operation at Tullamarine specialises in supplying portion controlled meats to an established customer base including "blue ribbon" restaurants and hotels. The Applicant was employed for seven weeks between 7 August and 29 September 1995. There is some dispute as to whether he was employed as Manager, Co-Manager, Assistant Manager or Boning Supervisor at the Tullamarine premises. The Court has concluded that while he responded to an advertisement for Manager of the Tullamarine premises of McPhee Catering the Applicant was in reality employed as an assistant to the incumbent Manager, Mr Gus Salerno. The Applicant was dismissed on the 29 September 1995. He was not given a specific written notice of termination but he included with his claim a copy of an Employment Separation Certificate dated on the date of termination and stating that the employment was terminated because of "unavailability of this type of work". The type of work was not specified in the Employment Separation Certificate and it is possible that the alleged "unavailability of ..... ....... work" was recorded to facilitate the speedy payment of unemployment benefits. The Applicant also included with his claim a copy of a Statement of Termination Payment of $1283. This sum was paid by cheque on 29 September 1995 and comprised: wages week ending 29/9/95 $ 673.08 one week in lieu of notice $ 673.08 annual leave 23.4 hours $ 414.48

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INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY VI-5162 of 1995 B E T W E E N : RICHARD EDWARD COOPER Applicant AND JAVANI PTY LTD (MCPHEE MEAT CATERING) Respondent MINUTES OF ORDERS Judicial Registrar Ryan 10 May 1996 THE COURT ORDERS: 1. That the Respondent pay to the Applicant compensation in the sum of $8,750. 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-5162 of 1995 B E T W E E N : RICHARD EDWARD COOPER Applicant AND JAVANI PTY LTD (MCPHEE MEAT CATERING) Respondent Before: Judicial Registrar Ryan Place: Melbourne Date: 10 May 1996 REASONS FOR JUDGMENT UNLAWFUL TERMINATION OF EMPLOYMENT The Application The Applicant claims unlawful termination of employment. Initially, he sought reinstatement and compensation but when the matter was heard in March 1996 he was only pressing compensation. The Applicant was employed to assist the Manager of the Respondent's meatworks in Tullamarine. The operation at Tullamarine specialises in supplying portion controlled meats to an established customer base including "blue ribbon" restaurants and hotels. The Applicant was employed for seven weeks between 7 August and 29 September 1995. There is some dispute as to whether he was employed as Manager, Co-Manager, Assistant Manager or Boning Supervisor at the Tullamarine premises. The Court has concluded that while he responded to an advertisement for Manager of the Tullamarine premises of McPhee Catering the Applicant was in reality employed as an assistant to the incumbent Manager, Mr Gus Salerno. The Applicant was dismissed on the 29 September 1995. He was not given a specific written notice of termination but he included with his claim a copy of an Employment Separation Certificate dated on the date of termination and stating that the employment was terminated because of "unavailability of this type of work". The type of work was not specified in the Employment Separation Certificate and it is possible that the alleged "unavailability of ..... ....... work" was recorded to facilitate the speedy payment of unemployment benefits. The Applicant also included with his claim a copy of a Statement of Termination Payment of $1283. This sum was paid by cheque on 29 September 1995 and comprised: wages week ending 29/9/95 $ 673.08 one week in lieu of notice $ 673.08 annual leave 23.4 hours $ 414.48

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