SUTTON v CAMRUN PTY LTD T/as R. SINGLETON TRANSPORT [1997] IRCA 18

DECISION NO:18/97 CATCHWORDS INDUSTRIAL LAW - TERMINATION of EMPLOYMENT - claim of UNLAWFUL TERMINATION - truck driver - whether termination at initiative of employer - whether VALID REASON - failure to follow instruction - COMPENSATION. Workplace Relations Act 1996 (C'th) (formerly Industrial Relations Act 1988) Ss 170DE(1), 170EA, 170EE(3) APESMA v David Graphics Pty Ltd, unreported, IRCA 410/95, 12 July 1995, Wilcox CJ Selvachandran v Peteron Plastics Pty Ltd (1995) 62 IR 371 Izdes v Bennett (LG) & Co. Pty Ltd (1995) 61 IR 439 Lupoi v Phillips Fox, unreported, IRCA 485/96, 3 October 1996, Ritter JR Nicolson v Heaven and Earth Gallery Pty Ltd (1994) 1 IRCR 199 DANIEL RODNEY SUTTON v CAMRUN PTY LTD T/as R. SINGLETON TRANSPORT WI 1458 of 1996 Before : RITTER JR Place : PERTH Date of Judgment : 10 FEBRUARY 1997

IN THE INDUSTRIAL RELATIONS COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA DISTRICT REGISTRY ) WI 1458 of 1996 B E T W E E N: DANIEL RODNEY SUTTON

Applicant

A N D:

CAMRUN PTY LTD T/as R. SINGLETON TRANSPORT

Respondent

MINUTE OF ORDERS 10 FEBRUARY 1997 PERTH RITTER JR THE COURT ORDERS AND DECLARES THAT: 1. The respondent terminated the employment of the applicant in contravention of section 170DE(1) of the Act. 2. Subject to order 3, in respect of the contravention of section 170DE(1) of the Act, the respondent is to pay the applicant $16,987.50 within 21 days of the date of this order. 3. The amount that the respondent is to pay to the applicant in satisfaction of order 2 above is less any sum required to be deducted therefrom by the respondent pursuant to the Income Tax Assessment Act 1936 and actually paid by the respondent to the Commissioner of Taxation with proof thereof to be furnished to the applicant within 21 days. 4. There be liberty to apply. NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules.