North-Coombes Pty Ltd v Reece Pty Ltd [1996] IRCA 177

DECISION NO: 177/96 CATCHWORDS INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - review - interpretation of s.170DE(2) - whether a general prescription making unlawful terminations which are harsh, unjust or unreasonable - very long period of notice worked out by employee - whether failure to make a severence payment - nature and purpose of notice and severence payment discussed. Matter No. SI 116 of 1994 NEVILLE FRYAR v SYSTEM SERVICES PTY LTD and: Matter No. SI 117 of 1994 GRAEME SIMPSON v SYSTEM SERVICES PTY LTD VON DOUSSA J ADELAIDE 10 MAY 1996

IN THE INDUSTRIAL RELATIONS COURT ) ) OF AUSTRALIA ) ) SOUTH AUSTRALIAN DISTRICT REGISTRY ) No. SI 116 of 1994 BETWEEN: NEVILLE FRYAR Applicant AND: SYSTEM SERVICES PTY LTD Respondent MINUTES OF ORDERS JUDGE MAKING ORDERS : VON DOUSSA J PLACE ORDERS MADE : ADELAIDE DATE ORDERS MADE : 10 MAY 1996 THE COURT: 1. Declares that the termination of the applicant's employment was in contravention of s.170DE(2) of the Industrial Relations Act 1988. 2. Orders that the award of compensation made by the Judicial Registrar on 17 October 1995 be set aside. 3. Orders that the respondent pay to the applicant the sum of $18,292.40. Note: Settlement and entry of orders is dealt with in Order 36 of the Industrial Court Rules

IN THE INDUSTRIAL RELATIONS COURT ) ) OF AUSTRALIA ) ) SOUTH AUSTRALIAN DISTRICT REGISTRY ) No. SI 117 of 1994 BETWEEN: GRAEME SIMPSON Applicant AND: SYSTEM SERVICES PTY LTD Respondent MINUTES OF ORDERS JUDGE MAKING ORDERS : VON DOUSSA J PLACE ORDERS MADE : ADELAIDE DATE ORDERS MADE : 10 MAY 1996 THE COURT: 1. Declares that the termination of the applicant's employment was in contravention of s.170DE(2) of the Industrial Relations Act 1988. 2. Orders that the award of compensation made by the Judicial Registrar on 17 October 1995 be set aside. 3. Orders that the respondent pay to the applicant the sum of $30,000. Note: Settlement and entry of orders is dealt with in Order 36 of the Industrial Court Rules.