Halls v NRMA Ltd [1997] IRCA 300

INDUSTRIAL RELATIONS COURT OF AUSTRALIA

INDUSTRIAL LAW - termination of employment - position of the employee re-classified by employer - employee offered new position - dispute as to whether new position was a demotion - Insurance Officer (Clerical Indoor staff) Consolidated Award 1985 - purported resignation of applicant signed by respondent - denial of procedural fairness - compensation Workplace Relations Act 1996 (Cth) ss 170 DE (1), 170 DC, 170 DB, 170 EE (2) BP Refinery (Westernport) Pty Limited v Shire of Hastings (1977) 180 CLR 266; Brackenridge v Toyota Motor Corporation Australia Limited (1996) 142 ALR 99; Hawkins v Clayton (1988) 164 CLR 539; Mohazab v Dick Smith Electronics (1995) 62 IR 200 at 206; Nettlefold v Kym Smoker Pty Ltd (unreported) IRCA 469/96; Nicolson v Heaven and Earth Gallery Pty Ltd (1994) 1 IRCR 199; Re: Clerks (State) Award (1987) 21 IR 29; Selvachandran v Peteron Plastics Pty Ltd (1995) 62 IR 371; Walton v Mermaid Drycleaners Pty Limited (1996) 142 ALR 681;

HALLS v NRMA LIMITED NI 1003 of 1996

TOMLINSON JR

SYDNEY

5 DECEMBER 1997 IN THE INDUSTRIAL RELATIONS ) ) COURT OF AUSTRALIA ) NI 1003 of 1996 ) NSW DISTRICT REGISTRY )

BETWEEN: Belinda Jean HALLS

Applicant AND: NRMA LIMITED

Respondent

JUDICIAL TOMLINSON

REGISTRAR: PLACE: SYDNEY DATED: 5 DECEMBER 1997

MINUTES OF ORDER

THE COURT ORDERS THAT: 1. Subject to any payment due to the Commissioner of Taxation, the respondent is to pay to the applicant the sum of $14,200.00 pursuant to section 170 EE(2) together with the additional sum of $2,200.00 pursuant to section 170 DB. 2. The amounts in Order 1 are to be paid within 21 days of today's date. Note: Settlement and entry of orders is delt with in Order 36 of the Federal Court Rules. IN THE INDUSTRIAL RELATIONS ) ) COURT OF AUSTRALIA ) NI 1003 of 1996 ) NSW DISTRICT REGISTRY )