Federal Court of Australia
DECISION NO:255/97 CATCHWORDS
INDUSTRIAL LAW - UNLAWFUL TERMINATION -TERMINATION OF EMPLOYMENT - REINSTATEMENT - VALID REASON - MISCONDUCT - single incident of smoking in workplace - not justification for termination of employment
Workplace Relations Act 1996 (formerly Industrial Relations Act 1988) Sections 170ED(1), s170DC
Selvachandran v Peteron Plastics Pty Limited 1995 62 IR 371, Northrop J Gibson v Bosmac Pty Limited 1995 130 ALR 245, Wilcox CJ Thomas v Lynch t/ as Bellingen Grocery, (IRCA Decision number 627/96),Wilcox CJ Nettlefold v Kym Smoker Pty Limited, (IRCA Decision number 469/96), Lee J Blyth Chemicals Limited v Bushnell 1933 49 CLR 66 Perrin v Des Taylor Pty Ltd 1994 58 IR 254 Moore J Rodney Kent Howarth v Daniel Babin (IRCA Decision No. 550/96) Wilcox CJ Tisdell v Woolworths Pty Limited NI 1067 of 1997
Before: MCILWAINE JR Place: SYDNEY Date/s of hearing: 30 APRIL 1997 Date of judgment: 30 APRIL 1997
IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY
NI 1067 of 1997
BETWEEN:
Morris Leo James Tisdell Applicant
AND
Woolworths Limited Respondent
BEFORE: MCILWAINE JR PLACE: SYDNEY DATE: 30 April 1997 MINUTES OF ORDERS
THE COURT DECLARES THAT: 1. On 19 December 1996 the respondent terminated the applicant's employment in contravention of section 170DE(1) of the Workplace Relations Act 1996. AND THE COURT ORDERS THAT: 2. The respondent re-appoint Morris Tisdell to the position in which he was employed immediately before his termination on 19 December 1996. 3. The respondent pay to Morris Tisdell the remuneration lost by him because of the termination. 4. In default of agreement on the calculation of and the amount of remuneration lost and referred to in the preceding order, there be liberty to either party to apply to the court on reasonable notice. THE COURT FURTHER ORDERS THAT: 5. The employment of Morris Tisdell be deemed to have been continuous for all purposes from 19 December 1996 to the date of reinstatement. 6. The amount ordered in paragraph 3 is to be paid within 21 days of today (30 April 1997).
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