Logan v Otis Elevator Company Pty Ltd [1999] IRCA 2

INDUSTRIAL RELATIONS COURT OF AUSTRALIA

Logan v Otis Elevator Company Pty Ltd [1999] IRCA 2

PETER LOGAN v OTIS ELEVATOR COMPANY PTY LTD NI 1279R OF 1995 MOORE J 11 MARCH 1999 SYDNEY IN THE INDUSTRIAL RELATIONS

COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NI 1279R OF 1995

BETWEEN: PETER LOGAN

Applicant

AND: OTIS ELEVATOR COMPANY PTY LTD

Respondent

JUDGE: MOORE J

DATE OF ORDER: 11 MARCH 1999

WHERE MADE: SYDNEY

THE COURT ORDERS AND DECLARES THAT: 1. The termination of employment of the applicant was in contravention of s 170DE of the Industrial Relations Act 1988 (Cth). 2. The respondent pay the applicant $20,000 within 28 days. 3. That part of the claim of the applicant pleaded in paragraphs 10, 11 and 12 and Schedule 1 of the Further Amended Statement of Claim filed 18 October 1996 is dismissed. 4. That part of the claim of the applicant pleaded in paragraphs 21, 22, 23 and 24 of the Further Amended Statement of Claim filed on 18 October 1996 is dismissed. 5. In the period 1988 until the termination of his employment the work undertaken by the applicant was work comprehended by the classification of electrician special class within the meaning of clause 3(e) of the National Metal and Engineering On-Site Construction Industry Award 1989. 6. Costs reserved. 7. The matter be listed for directions on 25 March 1999 at 9.30 am.

Note: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court of Australia Rules. IN THE INDUSTRIAL RELATIONS

COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NI 1279R OF 1995

BETWEEN: PETER LOGAN

Applicant

AND: OTIS ELEVATOR COMPANY PTY LTD

Respondent

JUDGE: MOORE J

DATE: 11 MARCH 1999

PLACE: SYDNEY

REASONS FOR JUDGMENT