Federal Court of Australia
industrial relations COURT OF AUSTRALIA
INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - misconduct - two incidents of referring to a female employee as a "bimbo" - offensive language - swearing over a two way radio - warning issued in respect of first incident - first incident admitted - second incident denied - earlier, more serious incident of sexual harassment against a client (not an employee) also admitted - the second incident denied by the applicant but found to have occurred - investigation of second incident - suspension of applicant during investigation - written report of investigation - applicant and his union representative provided with an opportunity to comment on the first and second incidents and on the earlier, more serious incident - recommendations in report of investigation severable and admitted as evidence - the report of the investigation not admitted - valid reason for termination.
Gibson v Bosmac Pty Ltd (1995) 60 IR 1 Wadey v YMCA Canberra (unreported, IRCA, Moore J, 12 November 1996) Selvachandran v Peteron Plastics (1995) 62 IR 371 Shepherd v Felt and Textiles of Australia Ltd (1931) 45 CLR 359 Lane v Arrowcrest Group Pty Ltd (1990) 27 FCR 427; 43 IR 210 Geros v Mitcham Automatics Vic Pty Ltd (1995) 64 IR 206
ADRIAN JOHN BALL & AMWU v CADBURY SCHWEPPES AUSTRALIA PTY LTD
VI-2726 of 1996
Judicial Registrar Ryan
Melbourne
31 October 1997
IN THE industrial relations coURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VI-2726 OF 1996
BETWEEN: Adrian John Ball & AMW
Applicant
AND: Cadbury Schweppes Australia Pty Ltd
Respondent
JUDICIAL REGISTRAR: RYAN
DATE OF ORDER: 31 OCTOBER 1997
WHERE MADE: MELBOURNE
THE COURT ORDERS: That the application be dismissed.
IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA
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