Mooney v W & B Morieson Pty Ltd [1996] IRCA 258

DECISION NO: 258/96 CATCHWORDS INDUSTRIAL LAW - UNLAWFUL TERMINATION - HARSH UNJUST or UNREASONABLE - Obligation to rehire former employee if hiring a comparable employee in REDUNDANCY situation INDUSTRIAL LAW - Maternity Leave: declaration as to required notice - Workers Compensation - Injury - Return to Work Plan: Travel Plan Industrial Relations Act 1988 ss 170CB, DB, DC, DD, DE, DF, DG, EA, ED, 170EE Industrial Relations Act 1991 (NSW) s 32(1) Liddell v Lembke (1994) 56 IR 447 Kenefick & Ors v Australian Submarine Corporation (1996) 62 IR 107 Gary Sinclair v Anthony Smith and Associates Pty Ltd (unreported IRCA decision no 663/95, von Doussa J, 1 Dec 95) Quality Bakers of Australia Ltd v Goulding (1995) 60 IR 327 Corkery v General Motors-Holden's Limited (1986) 53 SAIR 531 LEISA JANE MOONEY v W & B MORIESON PTY LTD No. NI 4174 of 1995 COURT: MCILWAINE JR PLACE: SYDNEY DATE: 22 APRIL 1996

INDUSTRIAL RELATIONS COURT OF AUSTRALIA NEW SOUTH WALES REGISTRY No. NI 4174 of 1995 BETWEEN: Leisa Jane MOONEY Applicant AND: W & B MORIESON PTY LTD Respondent BEFORE: MCILWAINE JR PLACE: SYDNEY DATE: 30 APRIL 1996 MINUTES OF ORDER THE COURT ORDERS: 1. The respondent pay $420.00 for contravention of s170DB(2) of the Act within 7 days of today. 2. Compensation of $5,460.00 to be paid within 21 days of today. THE COURT NOTES: 1. The applicant neither consents to nor opposes granting a stay of the orders conditional on the respondent. a. paying $420.00 within 3 days of today to the solicitor for the applicant whose receipt shall be sufficient discharge of this obligations. b. the amount of compensation of $5,460.00 (gross) to be paid by first instalment of $2,730.00 within 28 days of today (4pm Tuesday 28 May, 1996) to applicant's solicitor whose receipt on behalf of the applicant will be sufficient discharge of this obligation. c. a further instalment of $1,400.00 to be paid by 4pm 18 June 1996 to applicant's solicitor whose receipt on behalf of the applicant will be sufficient discharge of this obligation. d. a final instalment for the balance of $1,330.00 to be paid by 4pm 9 July 1996 to the solicitor for the applicant, whose receipt on behalf of the applicant will be sufficient discharge of this obligation.