Federal Court of Australia
DECISION NO:149/97 CATCHWORDS
INDUSTRIAL LAW - alleged UNLAWFUL TERMINATION - TERMINATION OF EMPLOYMENT - VALID REASON - ONUS OF PROOF - CONDUCT AND PERFORMANCE - series of performance issues leading to termination - lack of OPPORTUNITY TO RESPOND - REMEDY - COMPENSATION
Workplace Relations Act 1996 (Cwth) ss170DC, 170DE, 170EDA, 170EE.
Selvachandran v Peteron Plastics Pty Ltd (1995) 62 IR 371; Wadey v Y.W.C.A. Canberra (unreported, IRCA, Moore J, 12 November 1996); Perrin v Des Taylor Pty Ltd (1995) 50 AIR 254; Reader v Wyndham Lodge Nursing Home Inc. (unreported, IRCA, Moore J, 26 March 1997); Walton v Mermaid Dry Cleaners Pty Ltd (unreported, IRCA, Moore J, 24 October 1996); Kenefick v Australian Submarine Corporation Pty Ltd (No. 3) (IRCA, Wilcox CJ, 26 July 1996, unreported); Davis v Portseal Pty Ltd (unreported, IRCA, Moore J, 26 November 1996, Full Court, 10 April 1997); R J Gilbertson (Qld) Pty Ltd v Lloyd (unreported, IRCA, Full Court, 29 November 1996); Nicolson v Heaven & Earth Gallery Pty Ltd (1994) 1 IRCR 199. Aitken v Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia - Western Australian Branch (1995) 63 IR 1; Burazin v The Blacktown City Guardian Pty Ltd (1996) 142 ALR 144.
JOHANSEN v FIREFLY COACHES PTY LTD VI95/6204
Before: MURPHY JR Place: MELBOURNE Date: 2 MAY 1997
IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY
VI95/6204
BETWEEN: SHAREE ASHLEY JOHANSEN Applicant
AND FIREFLY COACHES PTY LTD Respondent
BEFORE: MURPHY JR PLACE: MELBOURNE DATE: 2 MAY 1997 MINUTES OF ORDERS
THE COURT ORDERS THAT:
[1] The respondent pay to the applicant the sum of $3,000.00.
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 VICTORIA DISTRICT REGISTRY
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