BROWN -v- CARPENTARIA TRANSPORT PTY LIMITED [1997] IRCA 194

DECISION NO:194/97 CATCHWORDS

INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT -employee dismissed for no valid reason - employee denied procedural fairness - REINSTATEMENT - COMPENSATION

Workplace Relations Act 1996 (formerly Industrial Relations Act 1988) ss 170 DC, 170 DE(1), 170 EE

Nicolson v Heaven and Earth Gallery Pty Ltd (1 IRCR 199) Liddell v Lembke (1 IRCR 466) Selvachandran v Peteron Plastics Pty Ltd (1995) 62 IR 371

BROWN -v- CARPENTARIA TRANSPORT PTY LIMITED QI 1009 of 1997

Before: TOMLINSON JR Place: TOWNSVILLE Date: 16 MAY 1997

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY

QI 1009 of 1997

BETWEEN: Allen Kennedy BROWN Applicant

AND CARPENTARIA TRANSPORT PTY LIMITED Respondent

BEFORE: TOMLINSON JR PLACE: TOWNSVILLE DATE: 16 MAY 1997 MINUTES OF ORDERS

THE COURT ORDERS THAT: 1. The Respondent to reinstate the Applicant to his former position within 14 days of today. 2. The Respondent to pay to the Applicant the sum of $3,180.00 compensation, within 14 days of today. This amount being based on the net weekly pay of the Applicant ($530.10) times a six week period. 3. The Respondent is to pay to the Applicant a further amount of compensation at the rate of the average weekly pay of the Applicant ($572.78) times a period of four and one half months, to be paid within 14 days of today. In order to facilitate this Order the Applicant is to provide the Respondent with documentary proof of the amount of social security benefits received from the date he commenced receiving such benefits until 26 May 1997. 4. Leave is granted to both parties 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 QUEENSLAND DISTRICT REGISTRY

QI 1009 of 1997