Allied Express Transport Pty Ltd v Anderson

FEDERAL COURT OF AUSTRALIA

INDUSTRIAL LAW - Termination of employment - Whether valid reason for termination based on conduct - Appropriate quantum of compensation - Whether damages payable in lieu of notice.

Workplace Relations Act1996 (Cth) (formerly Industrial Relations Act1988 (Cth)), ss 170DE(1), 170EA

Selvachandran v Peteron Plastics Pty Ltd (1995) 62 IR 371
Murdoch University v Mainsbridge (Full Court, Industrial Relations Court of Australia, 12 June 1998, unreported)

ALLIED EXPRESS TRANSPORT PTY LIMITED v MICHELLE ANDERSON
NG 941 of 1997

LEE, TAMBERLIN AND MARSHALL JJ
SYDNEY
8 JULY 1998

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NG 941  of   1997

BETWEEN:	ALLIED EXPRESS TRANSPORT PTY LIMITED Appellant
AND:	MICHELLE ANDERSON Respondent
JUDGES:	LEE, TAMBERLIN AND MARSHALL JJ
DATE OF ORDER:	1 JULY 1998
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed.

1. The money paid into Court by the appellant in accordance with the order of the trial      judge be paid to the solicitors for the respondent, together with interest thereon, if any.

Note: Settlement and entry of orders is dealt with in order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NG 941 of 1997

BETWEEN:	ALLIED EXPRESS TRANSPORT PTY LIMITED Appellant
AND:	MICHELLE ANDERSON Respondent

JUDGES:	LEE, TAMBERLIN AND MARSHALL JJ
DATE:	8 JULY 1998
PLACE:	SYDNEY

REASONS FOR JUDGMENT

THE COURT:

On 1 July 1998 the Court ordered that the appeal in this matter be dismissed. The reasons for the judgment of the Court are as follows:

The appellant (“Allied”) appealed from a judgment of a Judge of this Court (Wilcox J) on an application for review of a decision of a Judicial Registrar on an application made under s 170EA of the Industrial Relations Act 1988 (Cth), now the Workplace Relations Act 1996 (Cth) (“the Act”) in which the respondent (“Ms Anderson”) alleged that her employment had been unlawfully terminated by Allied.

The review was conducted on the basis that the evidence as recorded before the Judicial Registrar was the evidence in the hearing before his Honour, supplemented by the further viva voce evidence of cross examination of Ms Anderson.

FACTUAL BACKGROUND

Ms Anderson was employed by Allied as a telephonist/receptionist. Allied conducts a courier business. One of its main clients is Australian Consolidated Press Limited (“ACP”). Allied maintains a desk in the loading section of ACP’s premises in Central Sydney (“the courier dock”). Ms Anderson’s usual workplace was at the desk at the courier dock. The ACP loading section is a discrete part of the ACP building with separate access.

At 4.25 pm on 20 August 1996, two employees of Allied attended the desk at the courier dock and told Ms Anderson her duties were to be taken over by one of them and that she was to be escorted by the other to the Allied office at Wynyard, also in Central Sydney. Ms Anderson was given no explanation for the peremptory actions of her employer.…