Federal Court of Australia
DECISION NO:84/97 CATCHWORDS
INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - whether employment under Member of Parliament (Staff) Act 1984 Part 111 or Part IV - oral variation of employment contract - whether applicant dismissed for pregnancy - identity of respondent - claim of unlawful termination - compensation - whether reinstatement impracticable Workplace Relations Act 1996 (C'th)(formerly Industrial Relations Act 1988) ss 170DC, 170 DE, 170DF, 170 EA, 170 EE Member of Parliament (Staff) Act 1884
Chapman v Commissioner of Police (1983) 50 ACTR 23; (1983) 50 ALR 23 Selvachandran v Peteron Plastics Pty Ltd (1995) 62 IR 371 Nettlefold v Kym Smoker Pty Ltd (unreported), IRCA, Lee J, 4 October 1996 Nicolson v Heaven & Earth Galleries (1994) 1 IRCR 199 James Patterson & Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Newcrest Mining Ltd, (unreported) IRCA, WI595R of 1994, Marshall J, 21 December 1995 Liddell v Lembke (t/as Cheryl's Unisex Salon) (1994) 127 ALR 342 Colleen Mary Coll and Australian Services Union v Shire of Yarra Ranges, (Unreported) IRCA VI 4112R of 1995, Marshall J, 24 February 1997 WATKINSON -v- COMMONWEALTH OF AUSTRALIA NI 1732 of 1996
Before: TOMLINSON JR Place: SYDNEY Date of Hearing: 18 & 19 NOVEMBER & 19 & 20 DECEMBER 1996 Date of Judgment: 21 MARCH 1997
IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY
NI 1732 of 1996
BETWEEN: Cheryl Maree WATKINSON Applicant
AND COMMONWEALTH OF AUSTRALIA Respondent
BEFORE: TOMLINSON JR PLACE: SYDNEY DATE: 21 MARCH 1997 MINUTES OF ORDERS
THE COURT ORDERS THAT: 1. Respondent to reinstate the applicant to the position of Electorate Officer Grade B. within one month. 2. Subject to the payment of income tax, the respondent is to pay to the applicant compensation equal to the amount she would have received had the termination not occurred. 3. Leave to restore the matter at short notice. 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
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