Attila Boros v ADI Ltd [1997] IRCA 232

DECISION NO:232/97 INDUSTRIAL RELATIONS COURT OF AUSTRALIA INDUSTRIAL LAW - complaint of UNLAWFUL TERMINATION - VALID REASON - whether OPPORTUNITY TO RESPOND pursuant to the requirements of the AWARD - lost opportunities to gain re-employment - REMEDY - whether employee sought to MITIGATE loss of employment - attributed earnings regarding invovlement in business enterprise - COMPENSATION - consideration of the amount of severance paid and employee's conduct after the termination of employment - Workplace Relations Act 1996 ss170EA, 170EE The ADI (Middle Management and Professional) Award 1989 The ADI Redundancy Agreement 1995 Selvachandran v Peteron Plastics Pty Ltd (1995) 62 IR 371 BOROS -V- ADI LIMITED VI 2759 of 1996 PARKINSON JR MELBOURNE 11 JULY 1997 IN THE INDUSTRIAL RELATIONS COURT ) OF AUSTRALIA ) VI 2759 of 1996 VICTORIA DISTRICT REGISTRY ) B E T W E E N: Attila BOROS Applicant AND: ADI LIMITED Respondent JUDICIAL REGISTRAR : PARKINSON PLACE : MELBOURNE DATED : 11 JULY 1997 MINUTES OF ORDER THE COURT ORDERS THAT: 1. Pursuant to Subsection 170EE(3) of the Workplace Relations Act 1996, the respondent pay to the applicant compensation in the sum of $6,796.27, within 21 days of the date of this Order. NOTE: Settlement and entry of orders is dealt with by Order 36 of the Federal Court Rules IN THE INDUSTRIAL RELATIONS COURT ) OF AUSTRALIA ) VI 2759 of 1996 VICTORIA DISTRICT REGISTRY ) B E T W E E N: Attila BOROS Applicant AND: ADI LIMITED Respondent JUDICIAL REGISTRAR : PARKINSON PLACE : MELBOURNE DATED : 11 JULY 1997 REASONS FOR JUDGMENT This is a decision in relation to an application made pursuant to Section 170EA of the Workplace Relations Act 1996.('the Act') The respondent, as part of its business operations, performs environmental consulting, site assessment and clean up services. The applicant was employed by the respondent on 7 February, 1994 in the position of representative, within the business development branch. The position was identified as a middle management position and stated to be subject to the provisions of the ADI (Middle Management and Professional) Award, ('the Award'), an Award of the Australian Industrial Relations Commission. The applicant was engaged in a marketing and sales capacity. His responsibilities were the development of the business by the expansion of its customer base. I accept that the applicant was clearly engaged in the consulting division of the respondent, as opposed to its operations or field division. His salary was increased over the period of the employment and at the time of the termination of employment he was paid $60,000.00 per annum.