Benchmark WA Industrial Relations Case Database

Kelvin Thompson v Gregmaun Farms Pty Ltd ATF Chris & Evelyn Henderson Family Trust trading as C & E Henderson

(2000) 80 WAIG Full Bench (WAIRC) 2000-04-17 File: No. 161 of 1999
Source
His Honour
Not yet cited by other cases
APPELLANT: Kelvin Thompson
RESPONDENT: Gregmaun Farms Pty Ltd ATF Chris & Evelyn Henderson Family Trust trading as C & E Henderson
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Authority signal

Not yet cited by other cases Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Concept tags · 6

[P]Payment in lieu of notice [S]Genuine redundancy [S]Redundancy consultation obligations [S]Reasonable redeployment in redundancy [S]Internal appeals (FB, FWCFB) [S]Compensation for unfair dismissal
Archived text (317 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Kelvin Thompson Appellant and Gregmaun Farms Pty Ltd ATF Chris & Evelyn Henderson Family Trust trading as C & E Henderson Respondent. No FBA 1 of 2000. BEFORE THE FULL BENCH HIS HONOUR THE PRESIDENT P J SHARKEY COMMISSIONER P E SCOTT COMMISSIONER S J KENNER. 17 April 2000. Order. This matter having come on for hearing before the Full Bench on the 2nd day of March 2000, and further for a speaking to the minutes hearing on the 17th day of April 2000, and hav- ing heard Mr D H Schapper (of Counsel), by leave on behalf of the appellant and Ms H E Prince (of Counsel), by leave, on behalf of the respondent at the hearing, and there being no appearance on behalf of the respondent at the speaking to the minutes hearing on the 17th day of April 2000, and the Full Bench having reserved its decision on the matter, and reasons for decision having been delivered on the 11th day of April 2000 wherein it was found that the appeal should be upheld, and the Full Bench having determined the form of the order to issue, it is this day, the 17th day of April 2000, ordered as follows— (1) THAT appeal No FBA 1 of 2000 be and is hereby upheld. (2) THAT the decision of the Commission in matter No. 161 of 1999 made on the 5th day of January 2000 be and is hereby varied by deleting orders (a) and (b) and by substituting for the orders made, the fol- lowing orders— (a) $24,583.33 as payment in lieu of reasonable notice. (b) $4,829.23 as compensation for the loss of or occasioned by failure to pay a redundancy payment. (c) $2,000.00 as compensation for injury. By the Full Bench, (Sgd.) P. J. SHARKEY, [L.S.] President. FULL BENCH— Matters referred under Section 27—