Maher v Chinatown Photographics [1996] IRCA 665

DECISION NO:665/96 CATCHWORDS

INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - UNLAWFUL TERMINATION - no point of principle

Industrial Relations Act 1988 (Cth): ss 170db, 170dc, 170db

ANNE MAHER v CHINATOWN PHOTOGRAPHICS JOHN JOSEPH MAHER v CHINATOWN PHOTOGRAPHICS WI 1274 of 1996 WI 1275 of 1996

Before: MADGWICK J Place: BROOME Date: 29 OCTOBER 1996

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

WI 1274 of 1996 WI 1275 of 1996

BETWEEN: ANNE MAHER JOHN JOSEPH MAHER Applicants

AND CHINATOWN PHOTOGRAPHICS Respondent

BEFORE: MADGWICK J PLACE: BROOME DATE: 29 OCTOBER 1996 MINUTES OF ORDERS

THE COURT ORDERS THAT: 1. The respondent is to pay the first applicant, Anne Maher, the sum of $1,850. 2. The respondent is to pay the second applicant, John Joseph Maher, the sum of $900. 3. The amounts in (1) and (2) are to be paid within 28 days. 4. The respondent is to pay any tax that arises from the payment of the amounts in (1) and (2).

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

WI 1274 of 1996 WI 1275 of 1996

BETWEEN: ANNE MAHER JOHN JOSEPH MAHER Applicants

AND CHINATOWN PHOTOGRAPHICS Respondent

BEFORE: MADGWICK J PLACE: BROOME DATE: 29 OCTOBER 1996 REASONS FOR DECISION Delivered ex tempore (revised from transcript)

[1] HIS HONOUR: Mrs Maher was engaged by Mrs Nott to be the Manager of the latter's small business in Broome known as Chinatown Photographics.

[2] The money making engine of this business was the development and printing of photographic films, the sale of films, and the sale of cameras and other related equipment including frames. Mrs Nott is a woman who has had the benefit of tertiary education and has practised as a professional person. She has also had wide experience in other forms of economic activity, having been a partner in a primary production enterprise and in another successful small business. She was able to perceive that there ought to be good money in a photographic business such as I have described, and she set it up, by way of an adjunct to a shop housing another business which she operated in Broome, with the purchase of some developing and printing machines.