Federal Court of Australia
INDUSTRIAL RELATIONS COURT OF AUSTRALIA CATCHWORDS - UNLAWFUL DISMISSAL - whether VALID REASON connected with employee's capacity or conduct - whether employee given opportunity to defend herself - remedy - whether reinstatement practicable - assessment of compensation. Industrial Relations Act 1988 (now Workplace Relations Act 1996) ss 170DC, 170DE, 170EA, 170EE. Wadey v Y.M.C.A. Canberra (unreported, IRCA No. 542 of 1996, Moore J, 12 November 1996). Selvachandran v Peteron Plastics Pty Ltd (1995) 62 IR 371. Cosco Holdings Pty Ltd v Thu Thi Van Do (1997) 150 ALR 127; 77 IR 94. Qantas Airways Limited v Cornwall (unreported, Federal Court No. 865 of 1998, Full Court, 24 July 1998)
YVONNE DOROTHY DOWNE -v- BARMINCO PTY LTD
Wi 1022 of 1997
R.D. FARRELL JR 3 august 1998 PERTH
IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WI 1022 of 1997
BETWEEN: yvonne dorothy DOWNE
Applicant
AND: BARMINCO pty ltd
Respondent
JUDGE(S): R.D. FARRELL JR
DATE OF ORDER: 3 august 1998
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The termination of the applicant's employment by the respondent contravened Section 170DC of the Workplace Relations Act 1996. 2. Within 21 days of the date of making these orders, the respondent pay to the applicant compensation in the sum of $5,950.00 less any amount payable to the Commissioner of Taxation pursuant to the Income Tax Assessment Act 1936 and actually paid. Note: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.
IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WI 1022 of 1997
BETWEEN: yvonne dorothy DOWNE
Applicant
AND: BARMINCO pty ltd
Respondent
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