Eggleton v Kingsgrove Medical Centre Pty Ltd [1997] IRCA 50

DECISION NO:50/97 CATCHWORDS

INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - COMPENSATION - The word "REMUNERATION" in section 170EE(3) of the Workplace Relations Act, 1996, does not include superannuation payments made to a fund as a result of a statutory obligation, and in respect of which the obligation to make payments does not flow from the contract of employment - COMPENSATION for such superannuation payments is therefore not available - COMPENSATION ordered for the shock, distress and humiliation casued by a TERMINATION OF EMPLOYMENT which followed a history of physical and sexual harassment. Industrial Relations Act 1988, ss: 170DC, 170EE(2) Superannuation Guarantee (Administration) Act 1992 Aitken -v- The Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia - Western Australian Branch 1995 63 IR 1 Brackenridge -v- Toyota Motors Corporation (Australia) (1996) 67 IR 162 Burazin -v- The Blacktown City Guardian, Industrial Relations Court of Australia, Madgwick J, 15 December 1995, unreported. Burazin -v- The Blacktown City Guardian, Industrial Relations Court of Australia, Full Court, 13 December 1996, unreported Melissa Eggleton -v- Kingsgrove Medical Centre Pty Ltd, Industrial Relations Court of Australia, Number NI 1700 of 1996, Patch JR, 1 November 1996, unreported May -v- Lilyvale Hotels Proprietary Limited (1995) 68 IR 112 MELISSA EGGLETON v KINGSGROVE MEDICAL CENTRE PTY LTD NI 1700 of 1996

Before: PATCH JR Place: SYDNEY Date/s of hearing: 30 OCTOBER 1996 & 1 NOVEMBER 1996 Written submissions complete: 27 NOVEMBER 1996 Date of judgment: 5 MARCH 1997

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

NI 1700 of 1996 BETWEEN:

MELISSA EGGLETON Applicant

AND

KINGSGROVE MEDICAL CENTRE PTY LTD Respondent

MINUTES OF ORDERS