Mcdougall v Kimberly-Clark Australia Pty Ltd [1996] IRCA 281

DECISION NO: 281/96 C A T C H W O R D S INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - termination at the initiative of the employer - written RESIGNATION - VALID REASON - failure to discharge burden of proof - procedural unfairness - failure to investigate fully and to take into account evidence of independent witness Industrial Relations Act 1988 ss.170CA(1)(b), 170DB, 170DC, 170DE(1), 170EA, 170EE(5); Schedule 11 clause (8) Employee Relations Act 1992 (Vic) s.58 Income Tax Assessment Act 1936 CASES: Hayden v Golden Bowl Sports Centre Pty Ltd (unreported, Millane JR, No. VI 0453 of 1995, 8 May 1995) Mohazab v Dick Smith Electronics (1995) 62 IR 200 Rheinberger v Huxley Marketing Pty Ltd (unreported, Moore J, No. NI 2064R of 1995, 16 April 1996 Selvachandran v Peteron Plastics Pty Ltd (1995-1996) 62 IR 371 Johns v Gunns Ltd (1995) 60 IR 258 SUZANNE MAREE MCDOUGALL - v - KIMBERLY-CLARK AUSTRALIA PTY LTD No. VI 6194 of 1995 Before: Judicial Registrar Millane Place: Melbourne Date: 3 July 1996

INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY VI 6194 of 1995 B E T W E E N : SUZANNE MAREE MCDOUGALL Applicant AND KIMBERLY-CLARK AUSTRALIA PTY LTD Respondent MINUTES OF ORDERS Judicial Registrar Millane 3 July 1996 THE COURT DECLARES THAT: 1. The termination of the applicant's employment on 30 November 1995 by the respondent contravened Division III Part VIA of the Industrial Relations Act 1988. AND THE COURT ORDERS THAT: 2. The respondent reappoint Suzanne Maree McDougall to the position in which she was employed immediately before her termination on 30 November 1995. 3. The employment of Suzanne Maree McDougall be deemed to have been continuous for all purposes from 30 November 1995 to the date of reinstatement. 4. The respondent pay to Suzanne Maree McDougall the remuneration lost by her because of the termination. 5. There be liberty to either party to apply to the Court on reasonable notice in respect to the calculation of the amount of the remuneration lost referred to in the preceding order. NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules.