Federal Court of Australia
IN THE INDUSTRIAL RELATIONS ) ) COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NI 1196 of 1996 BETWEEN: LEE ELIOT STERREY Applicant AND: McKECHNIE METALS PTY LTD (ACN 004 290 288) T/As McKechnie Consumer Products Respondent JUDICIAL REGISTRAR: McILWAINE JR PLACE: SYDNEY DATED: 11 FEBRUARY 1998 CORRIGENDUM That the first word on the top of the front page of the judgment, being "Federal" be deleted and replaced with the word "Industrial". Associate to Judicial Registrar McIlwaine 11 February 1998 FEDERAL COURT OF AUSTRALIA
INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - alleged unlawful termination of employment - VALID REASON - Dismissal for lack of commitment to his job not a valid reason to terminate - Applicant in advance of approved sales budget target - new increased sales budget proposed - reservations of applicant about capacity to meet budget does not constitute a valid reason for termination - OPPORTUNITY TO RESPOND - Applicant not offered person to assist in defence - not given opportunity to defend himself. MISCONDUCT not serious misconduct to fill in sales call sheets weekly and not daily. PRACTICE AND PROCEDURE - PARTICULARS - particulars of misconduct supplied insufficient to allow a detailed response by applicant other than general denial of misconduct. Evidence Act, 1995(Cth) s.60 Industrial Relations Act, 1988 (now Workplace Relations Act, 1996)ss170DB, 170DC, 170DE(1) & (2)
Selvanchandran v Peteron Plastics Pty Ltd (1995-96)62 IR 371 Northrop J Victoria v Commonwealth of Australia (1996)138 ALR129 Perrin v Des Taylor Pty Ltd (1994) 58IR 254 Moore J Bryant v City of Fairfield RSL Memorial Club Ltd (an unreported IRCA decision No.302/97 dated 16 December 1997) McILwaine JR
STERREY V McKECHNIE NI 1196 of 1996
MCILWAINE JR SYDNEY 23 DECEMBER 1997
IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY
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