James Patterson & Austomotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Newcrest Mining Ltd [1995] IRCA 674

James Patterson & Austomotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Newcrest Mining Ltd [1995] IRCA 674

Based on unanimous and credible medical evidence, reinstatement would create unacceptable problems and a real and substantial risk of serious injury to Mr Patterson, making reinstatement impracticable within the meaning of s170EE(2) of the Industrial Relations Act 1988. No alternative or created position is appropriate or sustainable. Compensation for six months' remuneration is the appropriate remedy.

Parties
First Applicant: James Patterson; Second Applicant: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union; Respondent: Newcrest Mining Ltd
Jurisdiction
Australia
Judgment Date
21 December 1994
Procedural Posture
Application for Remedy for Termination of Employment / Judgment After Review of Decision by Judicial Registrar
Outcome
Order of Judicial Registrar set aside; declaration of unlawful termination; compensation ordered in lieu of reinstatement; money orders issued according to payments held in Court.
Legal Topics
Termination of Employment, Remedy Reinstatement or Compensation, Disability Discrimination, Industrial Relations Act 1988
Industrial Law Termination of Employment Remedy Reinstatement or Compensation Disability Discrimination Industrial Relations Act 1988

Case Brief

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Parties

James Patterson

First Applicant

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union

Second Applicant

Newcrest Mining Ltd

Respondent

Procedural Posture

Application for Remedy for Termination of Employment / Judgment After Review of Decision by Judicial Registrar

Legal Issues

  1. 1 Whether reinstatement of employee is impracticable within the meaning of s170EE(2) Industrial Relations Act 1988
  2. 2 Whether compensation is the appropriate remedy for termination in breach of s170DF(1)(f)

Ratio Decidendi

Based on unanimous and credible medical evidence, reinstatement would create unacceptable problems and a real and substantial risk of serious injury to Mr Patterson, making reinstatement impracticable within the meaning of s170EE(2) of the Industrial Relations Act 1988. No alternative or created position is appropriate or sustainable. Compensation for six months' remuneration is the appropriate remedy.

Court Disposition

Order of Judicial Registrar set aside; declaration of unlawful termination; compensation ordered in lieu of reinstatement; money orders issued according to payments held in Court.

Orders

  • Order of the Court constituted by Judicial Registrar Walker set aside.
  • Declaration that the respondent terminated the employment of the first applicant in breach of s170DF(1)(f) Industrial Relations Act 1988.