Kipling v Stewart t/a Daily Meats [1996] IRCA 645

DECISION NO:645/96 C A T C H W O R D S INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - claim of UNLAWFUL TERMINATION - whether employee on CASUAL EMPLOYMENT pursuant to Reg 30B. Workplace Relations Act 1996 (formerly Industrial Relations Act 1988) Ss 170DE, 170EA. Industrial Relations Regulations Reg 30B, 30BC. Workplace Agreements Act 1993 (WA). Eric Maurice KIPLING -v- STEPHEN JAMES STEWART trading as DAILY MEATS WI 1412 of 1996 BEFORE: R. D. FARRELL JR PLACE: PERTH DATE: 4 December 1996

IN THE INDUSTRIAL RELATIONS ) COURT OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) No. WI 1412 of 1996 BETWEEN: Eric Maurice KIPLING Applicant AND: STEPHEN JAMES STEWART (trading as DAILY MEATS) Respondent MINUTE OF ORDERS BEFORE: R. D. FARRELL JR PLACE: PERTH DATE: 4 December 1996 THE COURT DECLARES THAT: 1. The applicant was a "casual employee for a short period" for the purposes of Regulation 30B(1)(d) of the Industrial Relations Regulations 1988. 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 WESTERN AUSTRALIA DISTRICT REGISTRY WI 1412 of 1996 BETWEEN: Eric Maurice KIPLING Applicant AND: STEPHEN JAMES STEWART (trading as DAILY MEATS) Respondent REASONS FOR DECISION (Delivered ex tempore - revised from transcript) 4 December 1996 R. D. FARRELL JR 1. This is an application under Section 170EA of the then Industrial Relations Act 1988 (now known as the Workplace Relations Act 1996) ("the Act") for compensation arising from the alleged unlawful termination of the employment of the applicant, Mr Eric Kipling ("Mr Kipling"), by the respondent, Mr Stephen Stewart ("Mr Stewart").

2. Mr Stewart conducts a meat-slaughtering business as a sole trader under the trading name "Daily Meats". Daily Meats performs contract kills for another firm, Red Meats (WA), which runs an abattoir at Capel near Bunbury in Western Australia.