Dec 558/98 D Print Q1043
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
Workplace Relations Act 1996
s.170CE application to the Commission re: termination of employment
and
Independent Motor Mart
(U No. 80060 of 1998)
COMMISSIONER EAMES DARWIN, 20 MAY 1998
Jurisdictional grounds.
DECISION
The following decision (now edited) was given on transcript at the conclusion of proceedings held in Darwin, on 14 May 1998.
Having heard the parties present their submissions, with regard to this matter, I cannot establish to my satisfaction, that there was a probationary period in place, at the time of the termination of Ms Nicholson.
During proceedings, my attention was drawn to two awards, one of which was referred to by both parties, those awards being the Automotive Services (Northern Territory) Consolidated Award 1980 [A0188CRN], and the General Clerks (Northern Territory) Consolidated Award 1985 [G0019CRN]. On perusal of those awards, it would appear that they contain an identical probationary clause, which provides that employers may, by providing an employee at the point of engagement, advice in writing, that they will engage the employee on a probationary period, engage that employee for a period not exceeding three months.
In this case, no written advice was provided to Ms Nicholson. As she began her employment on either 11 November 1997, or 3 December 1997, and I might add, Mr Matarazzo who appeared for the Applicant, concedes the date of 3 December 1997, for these proceedings, and the termination took effect on 27 March 1998, the period of employment in fact, exceeded three months, and therefore on the basis of either award provision, the probationary period would have concluded, at any rate.
In all of those circumstances, I am not prepared to grant the application of the Respondent in these proceedings, and indicate that the file will now be forwarded to a member of the Commission, who will conduct a conciliation conference pursuant to s.170CF of the Act.
BY THE COMMISSION:
COMMISSIONER
Appearances:
F.A. Nicholson the applicant with L. Matarazzo union representative for the applicant.
R. Cox the respondent.
Hearing details:
1998.
Darwin:
May 14.
Decision Summary
Termination of employment - unfair dismissal -- jurisdiction - probation - Commission not satisfied there was a probationary period in place - matter forwarded for conciliation. | ||||
Nicholson v Independent Motor Mart. | ||||
U No 80060 of 1998 |
Print Q1043 | |||
Eames C |
Darwin |
20 May 1998 | ||
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