Sobevski v Cardlink Services Ltd [1996] IRCA 295

DECISION NO: 295/96 CATCHWORDS INDUSTRIAL LAW - complaint of UNLAWFUL TERMINATION - whether termination for VALID REASON of CONDUCT AND PERFORMANCE - whether HARSH UNJUST OR UNREASONABLE - COMPENSATION- REINSTATEMENT Industrial Relations Act 1988, ss 170EA, 170DE(1), 170DE(2) ATHINA SOBEVSKI v CARDLINK SERVICES LTD VI 5058 of 1995 MICHAEL VILLANUEVA v CARDLINK SERVICES LTD VI 5092 of 1995 Before : PARKINSON JR Place: MELBOURNE Date: 2 JULY 1996

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY VI 5058 of 1995 B E T W E E N: Athina SOBEVSKI and FINANCE SECTOR UNION OF AUSTRALIA Applicants A N D CARDLINK SERVICES LTD Respondent VI 5092 of 1995 B E T W E E N: Michael VILLANUEVA Applicant A N D CARDLINK SERVICES LTD Respondent MINUTES OF ORDERS 2 July 1996 PARKINSON JR THE COURT ORDERS THAT: 1. In matter 5092 of 1995 that the respondent reinstate the applicant to the position in which he was employed immediately prior to the termination of his employment and that the reinstatement take effect on and from the date of this order. 2. That the period between the date of termination and the date of reinstatement be treated as continuous employment for all purposes. 3. That the matter be adjourned to enable the parties to calculate in accordance with the principles set out in these reasons for decision the amount of the remuneration lost by the applicant. 4. That the parties file within seven days of today's date an agreed calculation of the amount of remuneration lost by the applicant. 5. That the matter be listed on 15 July 1996 at 9.30 am for the making of final orders as to the amount of remuneration lost by the applicant. 6. That in matter 5058 of 1995 the respondent pay to the applicant compensation in the sum of $1061.00. 7. Time for payment is twenty one days from the date of order. NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules