Leanne Brackenridge and Toyota Australia

[1995] IRCA 249

INDUSTRIAL RELATIONS COURT
OF AUSTRALIA
NEW SOUTH WALES REGISTRY

No. NI 1218 of 1995

BETWEEN:

Leanne Brackenbridge
Applicant

AND:

Toyota Australia
Respondent

BEFORE:     McIlwaine JR
PLACE:        Sydney
DATE:          2 June 1995

REASONS FOR JUDGMENT

THE J.REGISTRAR: In this matter the court has before it a claim of unlawful termination of employment, dated 7th February 1995 and filed in the court on 8 February 1995.  The remedies sought in that application at paragraph 21 is: reinstatement, compensation and “damages for accrued jurisdiction/breach of contract”.

There is a long history, which time does not permit me to record, as I have another hearing to commence, in relation to the Direction hearings.  Suffice to say that when this matter came before me in relation to an argument about subpoenaed material I felt that the issue as to whether a Judicial Registrar had jurisdiction to consider the matter should be finalised in view of the directions which had been issued to the applicant, to provide particulars of the damages claimed in the accrued jurisdiction for breach of contract.  In my view this had still not been done.

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It was for that reason I ordered, on 26th May 1995 a further directions hearing. (see attached.)  On the 30th May 1995 it was suggested there would be a notice of motion filed seeking a hearing before a Judge.  The court has two days set aside for the hearing of this matter.  I accept what the respondent says that the applicant is still employed albeit Mr Moses tells me this morning that she’s absent from her employment on sick leave.  For all of theses reasons there is a need to have this matter dealt with urgently.

A statement of claim was filed in the court on 8 May 1995.  However in my view the statement of claim is insufficient to ground any suggestion that a claim for damages in excess of $10,000 could be maintained in the hearing.  I have also carefully considered the report dated 29th May 1995 of the medical practitioner, for the applicant, Dr R.R. Goodsell , Consultant Psychiatrist, of BMA House, 135 Macquarie Street Sydney.  In that report the psychiatrist says, at page six:

“Her prognosis depends upon the speedy resolution of work difficulties”

and further at page eight of the report:

“However at this point in time, I would accept her response to the situation as understandable and do not see any evidence of a psychiatric disturbance of a significant nature.  The reality is that she had a good position, with which she was pleased, and in which she has invested a great deal of enthusiasm and which she maintained with some pride.  The change in those circumstances represent a Significant Loss and loss is the most important progenitor to Significant Mood disturbance with anxiety and depression.  She now finds herself working in situations which are almost an insult”        

In those circumstances it seems to me to be a reaction which I observe everyday in relation to all of the cases that come before this court, whether they’re dealt with in mediation of by a hearing. In my opinion such a reaction would not ground a claim that would be sufficient to take the matter outside the limitation of six months’ salary for the amount of compensation.
I have been asked to refer the matter to a Judge pursuant to section 378 (1) (b), on the basis that it is not appropriate for a Judicial Registrar to determine the  application.  I note that it may well be that a similar application can again be made before the Judicial Registrar who is appointed  to hear the matter.  It is my view that it is an appropriate matter for a Judicial Registrar to hear.  I find accordingly.  I dismiss the Notion of Motion.  There will be no order for costs.

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I certify that this and the preceding three pages is an edited copy of the reasons for judgment of Judicial Registrar McIlwaine delivered in Sydney on 2 June 1995 and revised from the transcript.

........ ........ ........ ........ ........ .
Claire McAuley
Acting Associate:

Date:   15 June 1995

Appearances:
Applicant:      Mr A Moses of Counsel
Counsel for the respondent:            Mr Barton, Solicitor

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