HAVING HEARD Mr M Aulfrey of counsel on behalf of the v Ms R Hartley of counsel on behalf of the
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APPLICANT: HAVING HEARD Mr M Aulfrey of counsel on behalf of the
RESPONDENT: Ms R Hartley of counsel on behalf of the
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Cited
[2008] WAIRC 1264
(not in corpus)
"…SION PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH APPLICANT -v- THE DEPARTMENT OF EDUCATION AND TRAINING RESPONDENT CORAM COMMISSIONER J L HARRISON DATE WEDNESDAY, 13 AUGUST 2008...…"
Archived text (335 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH APPLICANT -v- THE DEPARTMENT OF EDUCATION AND TRAINING RESPONDENT CORAM COMMISSIONER J L HARRISON DATE WEDNESDAY, 13 AUGUST 2008 FILE NO/S CR 35 OF 2007 CITATION NO. 2008 WAIRC 01264 Result Upheld and Order issued Representation Applicant Mr M Aulfrey (of counsel) Respondent Ms R Hartley (of counsel) Order HAVING HEARD Mr M Aulfrey of counsel on behalf of the applicant and Ms R Hartley of counsel on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby: 1. DECLARES that the dismissal of Robert Deas by the respondent was unfair. 2. ORDERS that Mr Deas be re-employed as a cleaner at a high school other than Morley Senior High School within 28 days of the date of this order with effect from the beginning of Semester 2, 2008. 3. ORDERS that the respondent pay Mr Deas a sum of money as agreed between the parties being the remuneration that he would have earned from the beginning of Semester 2, 2008 less any wages and other entitlements paid to him from the date that Semester 2, 2008 commenced up to the date of his re-employment. 4. ORDERS that the respondent reinstate Mr Deas accrued entitlements as at 23 November 2007. 5. ORDERS that the respondent regard Mr Deas’ service as continuous for all purposes, including long service leave and that the break in his service between his termination and re-employment be treated as leave without pay. 6. ORDERS that there be liberty to apply within 21 days in respect to orders 3 and 4. (Sgd.) J L HARRISON, [L.S.] Commissioner. 1726 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 88 W.A.I.G. CONFERENCES—Notation of— Parties Commissioner Conference Number Dates Matter Result Liquor, Hospitality and Miscellaneous Union, Western Australian Branch i.d. entity wa Wood C C 25/2008 21/07/2008 23/07/2008 Dispute re negotiations for a replacement enterprise bargaining agreement Concluded The Chief Executive Officer, Department of the Registrar