Boru & AFMEPKIU v Toyota Motor Corporation Australia Ltd [1997] IRCA 230

DECISION NO:230/97 INDUSTRIAL RELATIONS COURT OF AUSTRALIA INDUSTRIAL LAW - complaint of UNLAWFUL TERMINATION - VALID REASON - physical altercation in the workplace - whether physical contact initiated by applicant - whether respondent investigated and took account of all mitigating factors - whether OPPORTUNITY TO RESPOND - Workplace Relations Act 1996 ss170DC, 170DE(1), 170EA Yew v ACI Glass Packaging Pty Ltd (unreported, IRCA, Wilcox CJ, 11 December 1996) BORU & AFMEPKIU -V- TOYOTA MOTOR CORPORATION AUSTRALIA LIMITED VI 1068 of 1997 PARKINSON JR MELBOURNE 3 JULY 1997 GENERAL DISTRIBUTION IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) VI 1068 of 1997 ) B E T W E E N: Saifudin BORU Applicant AND: AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING & KINDRED INDUSTRIES UNION Applicant AND: TOYOTA MOTOR CORPORATION AUSTRALIA LIMITED Respondent JUDICIAL REGISTRAR : PARKINSON PLACE : MELBOURNE DATED : 3 JULY 1997 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The application pursuant to Section 170EA of the Workplace Relations Act 1996, be dismissed. NOTE: Settlement and entry of orders is dealt with by Order 36 of the Federal Court Rules GENERAL DISTRIBUTION IN THE INDUSTRIAL RELATIONS COURT ) OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) VI 1068 of 1997 B E T W E E N: Saifudin BORU Applicant AND: AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING & KINDRED INDUSTRIES UNION Applicant AND: TOYOTA MOTOR CORPORATION AUSTRALIA LIMITED Respondent JUDICIAL REGISTRAR : PARKINSON PLACE : MELBOURNE DATED : 3 JULY 1997 REASONS FOR JUDGMENT This is an application made pursuant to Section 170EA of the Workplace Relations Act 1996. ('the Act') The respondent manufactures and assembles vehicles for the domestic and export market at its plant at Altona in Victoria. The applicant was employed by the respondent as a welder on its re-spot welding line. He was employed on 19 April 1994 and the employment was terminated by the respondent on 18 November 1996.