Melide -v- Rethmann [1997] IRCA 102

DECISION NO:102/97 CATCHWORDS

INDUSTRIAL LAW

Wilson -v- IPC (IRCA Moore J, 67 IR 302) APESMA & Carl Sparre -v- David Graphics Pty Limited (Unreported Wilcox CJ 12 July 1995, Decision Number 410/95) Liddell -v- Lembke (1 IRCA 466)

Melide -v- Rethmann NI 1996 of 1996

Before: MCILWAINE JR Place: SYDNEY Date/s of hearing: 15-16 JANUARY 1997 Date of judgment: 16 JANUARY 1997

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

NI 1996 of 1996

BETWEEN:

Reuben Edward Melide Applicant

AND

Rethmann Australia Environmental Services Pty Limited ACN 002 429 781 Respondent

BEFORE: MCILWAINE JR PLACE: SYDNEY DATE: 16 JANUARY 1997 MINUTES OF ORDERS

THE COURT FINDS THAT: 1. The respondent did not have a valid reason for the termination of the employment of the Applicant on 24 July 1996. 2. The Respondent has contravened Section 170DF(1)(c) on the grounds that the Applicant was an unfinancial member of the Union prior to the termination of his Employment. 3. The Respondent has contravened Section 170DF(1)(f) on the grounds of Race. 4. The Respondent has contravened Section 170DB in that wages for two weeks should be paid. 5. It is impractical to reinstate the Applicant in his former position with the Respondent. 6. It is appropriate to award compensation to the Applicant in the sum of Three Thousand Six Hundred and Sixty Dollars and Sixteen Cents ($3660.16). The Court orders that: 1. The Respondent to pay to the Applicant within seven days of the date of these Orders the amount of Nine Hundred and Fifteen Dollars and Four Cents ($915.04). 2. Any sum paid within seven days of the date of these Orders to the Australian Taxation Office, on account of the Applicant in respect of the sum ordered in paragraph 1 shall be pro tanto satisfaction of the Respondent's obligation under Order 1. 3. The Respondent to pay to the Applicant within twenty-one days of the date of these Orders the amount of Three Thousand Six Hundred and Sixty Dollars and Sixteen Cents ($3660.16). 4. Any sum paid within twenty one days of the date of these Orders to the Australian Taxation Office, on account of the Applicant in respect of the sum ordered in paragraph 3 shall be pro tanto satisfaction of the Respondent's obligation under Order 3.