GONCALVES -V- AMCOR LIMITED [1997] IRCA 115

DECISION NO:115/97 CATCHWORDS INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - ALLEGED UNLAWFUL TERMINATION - SERIOUS MISCONDUCT - WHETHER APPLICANT FIGHTING - REMEDY - WHETHER REINSTATEMENT IMPRACTICABLE WORKPLACE RELATIONS ACT 1996, s170EA, 170DE(1), 170EE(1) AWU - FIME Amalgamated Union -v- Queensland Alumina Ltd (1995) 62IR 385 Westen -v- Union Des Assurances De Paris NI 2819/95 Madgwick J 17 December 1996 unreported CARLOS GONCALVES -V- AMCOR LIMITED NI96/2306 BEFORE: BOULTON JR PLACE: BRISBANE (HEARD IN SYDNEY) DATE: 9 APRIL 1997 IN THE INDUSTRIAL RELATIONS ) COURT OF AUSTRALIA ) No. NI96/2306 NEW SOUTH WALES DISTRICT REGISTRY BETWEEN: CARLOS GONCALVES Applicant AND: AMCOR LIMITED Respondent BEFORE: BOULTON JR PLACE: BRISBANE (HEARD IN SYDNEY) DATE: 9 APRIL 1997 MINUTES OF ORDERS THE COURT ORDERS THAT: 1. The application be allowed. 2. The respondent reinstate the applicant by re-appointing him to the position in which he was engaged immediately before the termination of his employment on 8 November 1996, or appointing him to another position on terms no less favourable than those on which he was then employed. 3. The respondent pay the applicant the remuneration lost by him because of the termination. 4. The respondent take such steps as necessary to maintain the continuity of the applicant's employment for all purposes. 5. There be liberty to the parties to apply on the issue of the remuneration lost by the applicant because of the termination no later than 7 days after the publication of these reasons for judgment. NOTE: Settlement and entry of orders are dealt with in Order 36 of the Industrial Relations Court Rules. IN THE INDUSTRIAL RELATIONS ) COURT OF AUSTRALIA ) No. NI96/2306 NEW SOUTH WALES DISTRICT REGISTRY BETWEEN: CARLOS GONCALVES Applicant AND: AMCOR LIMITED Respondent BEFORE: BOULTON JR PLACE: BRISBANE (HEARD IN SYDNEY) DATE: 9 APRIL 1997 REASONS FOR JUDGMENT