ADAMS -v- ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA [1997] IRCA 210

DECISION NO:210/97 CATCHWORDS INDUSTRIAL LAW -.TERMINATION OF EMPLOYMENT - complaint of UNLAWFUL TERMINATION - OPERATIONAL REQUIREMENTS - failure of a pilot to transfer - claim that REINSTATEMENT impracticable Workplace Relations Act 1996 (C'th) (formerly Industrial Relations Act 1988) Ss 170DE(1), DF(1)(b), (c) and (e), EA, EDA, EE(1) and (2) Civil Aviation Act (Com) 1988 Abbott-Etherington v Houghton Motors (1995) 63 IR 394 Johns v Gunns Limited (1995) 60 IR 258 Klingenberg and TWU v IR Cootes Pty Ltd (1995) 63 IR 366 Lupoi v Phillips Fox, (unreported) IRCA 485/96, Ritter JR, 3 October 1996 Nettlefold v Kym Smoker Pty Ltd (1996) 69 IR 370 Nicholson v Heaven and Earth Gallery Pty Ltd (1994) 1 IRCR 199 Perkins v Grace Worldwide (Aust) Pty Ltd, unreported, IRCA 15/97, Full Court, 7 February 1997 Thomas v Ralph Lynch, unreported, IRCA 627/96, Wilcox CJ, 20 December 1996 Tran v Callum Textiles, (unreported), IRCA 78/97, Ritter JR, 13 March 1997 ADAMS -v- ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA WI 1009 of 1997 Before : RITTER JR Place : PERTH Date of Judgment : 4 July 1997 IN THE INDUSTRIAL RELATIONS COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA DISTRICT REGISTRY ) WI 1009 of 1997 B E T W E E N: ANTHONY PETER ADAMS Applicant A N D: ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA (WESTERN OPERATIONS) Respondent MINUTE OF ORDERS 4 July 1997 PERTH RITTER JR THE COURT DECLARES AND ORDERS THAT: 1. The termination of the employment of the applicant by the respondent contravened section 170DE(1) of the Workplace Relations Act 1996. 2. The respondent shall, within seven (7) days, reinstate the applicant by appointing him to the position of pilot at the Jandakot base of the respondent on terms and conditions no less favourable than those on which the applicant was employed immediately before the termination of his employment. 3. The employment of the applicant is deemed to have continued for all purposes from 5 September 1996 to the date of reinstatement in accordance with this order.