Patty v Commonwealth Bank [2002] IRCA 1

INDUSTRIAL RELATIONS COURT OF AUSTRALIA

Patty v Commonwealth Bank [2002] IRCA 1

DEAN PATTY -v- COMMONWEALTH BANK OF AUSTRALIA (ACN 123 123 124)

VI 2542 of 1996

RYAN J 19 FEBRUARY 2002 MELBOURNE

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VI 2542 of 1996

BETWEEN: DEAN PATTY

Applicant

AND: COMMONWEALTH BANK OF AUSTRALIA (ACN 123 123 124)

Respondent JUDGE: RYAN J

DATE OF ORDER: 19 FEBRUARY 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS:

1. THAT the proceedings instituted in the Federal Court of Australia on 12 March 1998 be treated for all purposes as having been instituted in this Court.

2. THAT all of the evidence adduced and submissions made in the proceedings referred to in paragraph 1 of this Order be treated as having been adduced and made in this Court.

3. THAT it be declared that the respondent has contravened s 170DE(1) of the Industrial Relations Act 1988 by terminating the employment of the applicant without a valid reason or valid reasons for doing so.

4. THAT the respondent within 21 days of this Order reinstate the applicant in a position equating as closely as practicable to that classified GC3 which he occupied on 27 August 1996.

5. THAT subject to the applicant's accounting for payments in respect thereof received after 27 August 1996, the respondent treat the continuity of the applicant's employment as having been maintained for the purpose of preserving any accrued entitlements to long service leave and superannuation.

6. THAT liberty be reserved to either party to apply on not less than 48 hours notice in writing to the other party.