Shields v Carlton United Breweries (NSW) Pty Ltd [1998] IRCA 28

GENERAL DISTRIBUTION

INDUSTRIAL RELATIONS COURT OF AUSTRALIA

TERMINATION OF EMPLOYMENT - alleged unlawful termination of employment - SUMMARY DISMISSAL - VALID REASON - not satisfied valid reason for termination of employment established by employer - ABUSE OF ALCOHOL – unlimited supply of alcohol provided by employer at sales conference on Island Resort- CONDUCT AND PERFORMANCE - OPPORTUNITY TO RESPOND - No opportunity given to respond to allegation of misconduct or to make representations about future conduct- EVIDENCE - Evidence Act 1995 - application granted to cross examine witness during Examination in Chief - Direction to witness under section 128 to answer questions regarding his role in the incident - former employee objected to answering question on basis of possible self incrimination – question not pressed after objection taken - PRACTICE AND PROCEDURE - Certificate pursuant s.128(b) to be issued to witness - REINSTATEMENT – Principal remedy reinstatement – NOT impractical to reinstate the applicant if agrees to attend counselling program

Workplace Relations Act (Cth) 1996 (formerly known as Industrial Relations Act 1988) ss 170DB, 170 DE(1), 170DC Evidence Act (Cth) 1995 s.38(1) (a),s.38(1)(b) s.128(6) Occupational Health & Safety Act, 1983 (NSW) ss.15, 19 Selvachandran v Peteron Plastics Pty Ltd (1996) 62 IR 371 Gibson v Bostik Pty Ltd (1995) 60 IR 1 Perrin v Des Taylor Pty Ltd (1994) 58 IR 254 at 256-7 Liddell v Lembke (1994) t/a Cheryls Unisex Salon, 56 IR 447 Nicholson v Heaven & Earth Galleries Pty Ltd (1994) 1 IRCR 199 McGeehan v Hazelton Air Services Pty Ltd (1997) (McIlwaine JR, decision number 118/97) Garside v Hazelton Air Services Pty Ltd (1997) (McIlwaine JR, decision number 119/97) Sophie Caroline Lethern v Beresfield Pty Limited t/a Titan Ford Brookvale (1995) (McIlwaine JR, decision number 542/95) Allied Express Transport Pty Ltd v Michelle Anderson (1997) CLS 1997 FED 796