Kenefick v Australian Submarine Corporation Ltd [1996] IRCA 331

DECISION NO: 331/96 INDUSTRIAL LAW - Termination of employment - Unlawful termination - Employees terminated because of a redundancy situation - Failure of employer to follow the procedure required by s. 170DC of the Industrial Relations Act - Failure of employer to demonstrate a reason for terminating the employment of these particular employees - Review of Judicial Registrar's decisions - Assessment of compensation - Effect of lack of evidence regarding position since hearing before Judicial Registrar - Significance of fact that retrenchment would have occurred, in any event, within a short time - Selection of retrenched employees made honestly - Relevance of redundancy and workers compensation payments - Whether compensation may be awarded in respect of losses suffered later than six months from termination day. Industrial Relations Act 1988, s. 170EE(2)(3) TREVOR KENEFICK AND ANOR v AUSTRALIAN SUBMARINE CORPORATION PTY LTD No SI 290 of 1994 PETER DIGGLE AND ANOR v AUSTRALIAN SUBMARINE CORPORATION PTY LTD No SI 292 of 1994 PETER HILL AND ANOR v AUSTRALIAN SUBMARINE CORPORATION PTY LTD No SI 294 of 1994 BRONTE NAGEL AND ANOR v AUSTRALIAN SUBMARINE CORPORATION PTY LTD No SI 295 of 1994 CORAM: WILCOX CJ PLACE: SYDNEY (HEARD BY VIDEO-LINK TO ADELAIDE) DATE: 26 JULY 1996

IN THE INDUSTRIAL RELATIONS COURT ) OF AUSTRALIA ) No. SI 290 of 1994 SOUTH AUSTRALIAN DISTRICT REGISTRY ) BETWEEN: TREVOR KENEFICK First Applicant AUTOMOTIVE FOOD METALS & ENGINEERING UNION Second Applicant AND: AUSTRALIAN SUBMARINE CORPORATION PTY LTD Respondent CORAM: WILCOX CJ PLACE: SYDNEY (HEARD BY VIDEO-LINK TO ADELAIDE) DATE: 26 JULY 1996 MINUTES OF ORDER THE COURT ORDERS THAT: 1. Judgment be entered in favour of the first applicant against the respondent in the sum of two thousand dollars ($2000). Note: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.