Jamie Klingenberg & Transport Workers' Union of Australia v I R Cootes Pty Ltd [1995] IRCA 398

Jamie Klingenberg & Transport Workers' Union of Australia v I R Cootes Pty Ltd [1995] IRCA 398

Given the applicant's period of licence suspension and earnings from alternative employment, remuneration lost should be reduced to account for these factors, resulting in an award of only $813.00 gross, subject to tax deduction, and not the sum originally ordered.

Parties
Applicant: Jamie Klingenberg; Applicant: Transport Workers' Union of Australia; Respondent: I.R. Cootes Pty Ltd
Jurisdiction
Australia
Judgment Date
24 August 1995
Procedural Posture
Application for Remedies in Unlawful Termination / Review of Judicial Registrar's Decision
Outcome
Order of Judicial Registrar for payment of $24,359.00 set aside; order for payment of $813.00 gross (less tax) to be determined; other orders including reinstatement stand; matter adjourned for calculations.
Legal Topics
Unlawful Termination, Remedies, Reinstatement, Remuneration Lost, Judicial Discretion
Industrial Law Unlawful Termination Remedies Reinstatement Remuneration Lost Judicial Discretion

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Parties

Jamie Klingenberg

Applicant

Transport Workers' Union of Australia

Applicant

I.R. Cootes Pty Ltd

Respondent

Procedural Posture

Application for Remedies in Unlawful Termination / Review of Judicial Registrar's Decision

Legal Issues

  1. 1 Whether the discretion under s170EE Industrial Relations Act 1988 allows refusal or reduction of lost remuneration for the applicant
  2. 2 How post-dismissal earnings and licence suspension affect the quantum of remuneration lost

Ratio Decidendi

Given the applicant's period of licence suspension and earnings from alternative employment, remuneration lost should be reduced to account for these factors, resulting in an award of only $813.00 gross, subject to tax deduction, and not the sum originally ordered.

Court Disposition

Order of Judicial Registrar for payment of $24,359.00 set aside; order for payment of $813.00 gross (less tax) to be determined; other orders including reinstatement stand; matter adjourned for calculations.

Orders

  • Order of 24 March 1995 by Judicial Registrar Murphy (order 2) for $24,359.00 set aside.
  • Orders 1 and 3 of Judicial Registrar Murphy of 24 March 1995 stand (including reinstatement).