Moffitt v Pinpoint Target Marketing Services Pty Ltd [1996] IRCA 630

DECISION NO:630/96 CATCHWORDS

INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - VALID REASONS - No PROCEDURAL FAIRNESS - Reasons for the termination of the applicant's employment included the General Manager's conclusion that the applicant's conduct had resulted in the relationship between the applicant and his two immediate superiors becoming untenable - Insufficient to merely put the background facts upon which that conclusion was based - That conclusion was itself an "allegation" within the meaning of s170DC of the Act - REINSTATEMENT IMPRACTICABLE - COMPENSATION.

Industrial Relations Act, 1988, ss: 170DC

Selvachandran -v- Peteron 62 IR 371 at 373

MOFFITT -V- PINPOINT TARGET MARKETING SERVICES PTY LTD NI 1799 of 1996

Before: PATCH JR Place: SYDNEY Date/s of hearing: 18, 19 & 20 NOVEMBER 1996 Date of judgment: 20 NOVEMBER 1996

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY

NI 1799 of 1996

BETWEEN:

DOMINIC JAMES MOFFITT Applicant

AND

PINPOINT TARGET MARKETING SERVICES PTY LTD Respondent

MINUTES OF ORDERS

20 November 1996 PATCH JR

THE COURT ORDERS THAT: 1. The respondent to pay the applicant within 21 days of today, the sum of $3,900.00 (gross) as compensation for the unlawful termination of employment. 2. Any sum paid within 21 days of today by the respondent to the Commissioner for Taxation as tax in respect of the above sum is to be regarded as having been paid in pro-tanto satisfaction of the judgment debt. Note: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY

NI 1799 of 1996

BETWEEN:

DOMINIC JAMES MOFFITT Applicant

AND

PINPOINT TARGET MARKETING SERVICES PTY LTD Respondent

REASONS FOR DECISION

Delivered ex tempore - revised from the transcript