Senior v Lower North Metropolitan Health Service Board of Mnanagement [1996] IRCA 342

DECISION NO: 342/96 IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY WI 1017 of 1996 B E T W E E N: MARILYN RUTH senior

Applicant

A N D:

LOWER NORTH METROPOLITAN HEALTH SERVICE BOARD OF MANAGEMENT

Respondent

REASONS FOR DECISION 26 July 1996 RITTER JR INTRODUCTION

This is an application under section 170EA of the Industrial Relations Act 1988 ("the Act").

The applicant was employed by the respondent as a food service attendant at the Osborne Park Hospital. The applicant alleged that her employment with the respondent was terminated on either 22 or 24 December 1995. During her employment, the applicant was employed via a series of short-term written contracts. Most of these contracts were for a two week period from Monday of one week to Friday of the next. The contracts generally described Ms Senior as a temporary employee, but in some instances she was described as a casual employee.

Ms Senior's employment with the respondent commenced on or about 13 March 1992. The period of her employment concluded, according to the applicant, on 24 December 1995. Following the filing of this application IN the Court on 5 January 1996, the applicant was employed to do further work for the respondent. The applicant did further work over a five week period before having to stop working due to a back injury which she received in an accident at work, on or about 9 February 1996.

Due to this injury, the applicant does not seek reinstatement. The respondent agrees that reinstatement would be impracticable in all the circumstances of the case. Therefore, if there has been an unlawful termination of employment, the relevant remedy to consider is that of compensation. The parties have agreed that the maximum amount of compensation that can be awarded by the Court pursuant to section 170EE(3) is the sum of $6,562.66. This represents the remuneration that the applicant could have earned if she remained in employment with the respondent for the six months following the alleged termination of employment.