GARSIDE -v- HAZELTON AIR SERVICES PTY LTD [1997] IRCA 119

GARSIDE -v- HAZELTON AIR SERVICES PTY LTD [1997] IRCA 119

The evidence did not establish, on balance, that the applicant consumed alcohol within the prohibited period or was unfit for duty at the relevant time. The respondent did not have a valid reason for the termination. Further, the respondent contravened Section 170DC by failing to give the applicant an adequate opportunity to respond after completion of the official investigation. It was not impracticable to order reinstatement subject to the applicant agreeing to alcohol and drug monitoring and satisfactory completion of a counselling program.

Jurisdiction
Australia
Judgment Date
09 April 1997
Procedural Posture
Unlawful Termination (industrial Law) / Decision After Final Hearing
Outcome
Application upheld; reinstatement ordered with conditions
Legal Topics
['unlawful Termination' 'reinstatement' 'alcohol and Public Safety' 'procedural Fairness' 'fitness for Duty' 'workplace Relations' 'aviation Safety']
['employment Law' 'industrial Law'] ['unlawful Termination' 'reinstatement' 'alcohol and Public Safety' 'procedural Fairness' 'fitness for Duty' 'workplace Relations' 'aviation Safety']

Case Brief

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Procedural Posture

Unlawful Termination (industrial Law) / Decision After Final Hearing

Legal Issues

  1. 1 ["Whether the respondent had a valid reason for terminating the applicant's employment" 'Whether there was contravention of Section 170DC (opportunity to respond) of the Act' 'Whether it is impracticable to reinstate the applicant' 'Whether the applicant was fit for duty following alcohol consumption and fatigue']

Ratio Decidendi

The evidence did not establish, on balance, that the applicant consumed alcohol within the prohibited period or was unfit for duty at the relevant time. The respondent did not have a valid reason for the termination. Further, the respondent contravened Section 170DC by failing to give the applicant an adequate opportunity to respond after completion of the official investigation. It was not impracticable to order reinstatement subject to the applicant agreeing to alcohol and drug monitoring and satisfactory completion of a counselling program.

Court Disposition

Application upheld; reinstatement ordered with conditions

Orders

  • ['The respondent did not have a valid reason for termination of the applicant.' 'The respondent contravened Section 170DC of the Act.' "Subject to the applicant's written agreement within 7 days to monitoring of drug and alcohol usage for 1 year and satisfactory attendance at an educational and counselling program,...