McNeill v Board of Management, Avon Health Services [1996] IRCA 428

DECISION NO: 428/96 C A T C H W O R D S INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - claim of UNLAWFUL TERMINATION - hospital worker - series of EMPLOYMENT CONTRACTS - whether termination at initiative of employer - whether VALID REASON for termination - REINSTATEMENT. Industrial Relations Act 1988 (C'th) Ss 170DE, 170DF(1)(e), 170EA, 170EDA(1)(a). Stefanovski v Whiskisoda IRCA No. 177 of 1994, Millane JR, 6 February 1995, unreported. Mohazab v Dick Smith Electronics (No.2) (1995) 62 IR 200. Strecker v Metropolitan Cemeteries Board (1995) 64 IR 109. Dadey v Edith Cowan University IRCA No. 308 of 1996, RD Farrell JR, 8 July 1996, unreported. Senior v The Lower North Metropolitan Health Service Board of Management IRCA No. 342 of 1996, Ritter JR, 26 July 1996, unreported. Peter Hugh McNEILL -v- THE BOARD OF MANAGEMENT, AVON HEALTH SERVICES WI 1208 of 1996 BEFORE: R. D. FARRELL JR PLACE: PERTH DATE: 29 August 1996

IN THE INDUSTRIAL RELATIONS ) COURT OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) No. WI 1208 of 1996 BETWEEN: Peter Hugh McNEILL Applicant AND: THE BOARD OF MANAGEMENT, AVON HEALTH SERVICES Respondent MINUTE OF ORDERS BEFORE: R. D. FARRELL JR PLACE: PERTH DATE: 29 August 1996 THE COURT DECLARES AND ORDERS THAT: 1. The termination of the employment of the applicant by the respondent on 2 May 1996 was unlawful. 2. Within 21 days from the date of this Order, the respondent shall reinstate the applicant to a position on terms and conditions no less favourable than those on which he was employed immediately before the termination. 3. Within 21 days from the date of this Order, the respondent shall pay to the applicant all remuneration lost because of the termination and shall otherwise treat the employment of the applicant as having been continuous since the date of termination. NOTE: Settlement and entry of Orders is dealt with by Order 36 of the Industrial Relations Court Rules