Benchmark WA Industrial Relations Case Database

No. C627 of 1985

(1986) 66 WAIG Single Commissioner (WAIRC) 1986-01-01 File: No. 15 of 1985
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referred
Not yet cited by other cases
APPLICANT: No. C627 of 1985. Between Australian Workers' Union, Western Australian Branch, Industrial Union of Workers
RESPONDENT: Hamersley Iron Pty Limited
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Authority signal

Not yet cited by other cases Signal-weighted score: 0.0
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Concept tags · 8

[P]Annual leave [P]Personal/carer's leave [P]Long service leave (WA) [P]Long service leave (portable / federal) [S]Unfair dismissal (WA) [S]Unfair dismissal (federal) [S]Statutory disciplinary power (public sector) [S]Public sector discipline
Archived text (318 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. No. C627 of 1985. Between Australian Workers' Union, Western Australian Branch, Industrial Union of Workers, Applicant and Hamersley Iron Pty Limited, Respondent. Order. WHEREAS on the 11th day of December 1985 Mr J. Bevis, a member of the applicant union, was involved in a physical altercation at his workplace in the respondent's Paraburdoo operations; and whereas the respondent subsequently conducted an investigation into the occurrence of the physical altercation; and whereas the respondent terminated Mr J. Bevis's contract of employment following its investigation; and whereas the applicant made application for a conference pursuant to section 44 of the Industrial Relations Act 1979; and whereas a conference was held on the 16th day of December 1985 at which the parties accepted a recom- mendation of the Commission that a period of suspen- sion from employment should be considered in lieu of termination of the contract of employment; and whereas the parties subsequently reached agreement regarding a period of suspension from employment; now therefore, I, the undersigned, pursuant to the powers conferred by the said Act, do hereby order — That notwithstanding anything contained to the contrary in the Iron Ore Production and Processing (Hamersley Iron Pty Limited) Award 1985, being Award No. 15 of 1985, Mr J. Bevis be suspended from duty without pay for a period of seven working days on and from the 17th day of December to and including the 23rd day of December 1985; and that during the period of suspension hereinbefore referred to there shall be no accrual of annual leave, long service leave, personal leave or ill health and injury leave; and that the period of suspension from duty hereinbefore referred to shall not be deemed to have interrupted the continuity of service of Mr J. Bevis with Hamersley Iron Pty Limited. Dated at Perth this 13th day of March 1986. (Sgd.) O.K. SALMON, [L.S.] Commissioner. BEFORE THE