Adie v Paper Converting Company Pty Limited [1997] QIRC 588 (1998) 157 QGIG 5

4 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 9 January, 1998 9 January, 1998 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE ########################################################## QUEE:-;SLANI) INDUSTRIAL RELATIONS COMMISSION Industrial Rr.latiom A<'I /99// s. 295 - applica1ion for rdnslalement Andrew Adie AND Paper Conwrting Company Pty Limited (No. B 1717 of !99fi) COMMISSIONER EDWARDS 5 23 Dece mber 1997 Termina1ion of Employment - Rein.staten1<:n1 - Decision Re.leased - Di smis.sal Harsh, Unjust and Unre.1sonahle - Panie.< Oirec1ed lo Nego1ia1e - Unable 10 Reach Agreement - Applicauon Reli.s1ed - Employer/Employee Rda1ion.ship Could Nol Be Re,1ored - Respondent Ordert'.d to Pay Si� Monih.s Sal ary - Submissions on Co.,ts 10 h e Fmwardcd by I Fehruary 1998. DECISION On 26 May 1996 the Commission released a ded.,ion 155 QGIG 436- 437 in which i1 found lhe di.smis.sal of lhe applicanl w:�• harsh, unjust and unreasonable. At 1he conclusion ofthal decision, lhe Cnmmission sta1ed:- ·•Toe Commission directs lhe. partie.< 10 neg<>1.ia1e on the relief availahle '" a re.<ull ofthis deci.<ion. If the parties are unahle 10 reach a set1lement t>y conciliation within 14 days of release of lhi.s decision, lhe Corrunis.sion will reli.<t the ma11er for further hearing upon re4ue.st.'', ( >n I 3 June 1997 the Re.<pondcnt forwarded correspondence to lhe Commi,.sion whi<:h enclosed an affidavit or Raymond Gregory (liver. The respondent .<ought a relisling of lhe man«r for !he purpose of arguing lhe applicant .should not he remsialcl1 as h1.< posi11on had hecome redundant The re.sponden1 was intenl on relying upon the affidavit of Mr Olver to su.siain lhc claim of redundancy. Tlll' mailer came on for re-hearing on 4 August and 17 Ocloher I 997. At the hearing on 4 Augu.<I 1997 lhe applicant', repre.<cntative indicaled to lhe Commission 1hat he would ohjecl lo lhe admission of the evidence the Rc.,pondcnl wished to lead. Al lhe rc4uc,.st of the rc.,pondcn1 the Commcssion adjourned the hearing and invited lhe parties 10 contacl lhe Registrar .should further assistance he required. By rc4uc.st lhe hearing re.,umed on 17 (l<:1ol>er 199 7. The parties agre.:d 10 pre.sent "-riaen suhmission.s which were received hy lhe. Registrar on 24 0(1ohcr 1997. In my decision on 26 May 1997 I gave con.siderahk attention to the noli()n of conciliaiion and nego1iat1on which L, foremo.si in lhe thoughl5 of participants in contemporary workplace relatio,�,. On lhi., occa.,ion lhe adnplion hy lhe CommL,.,ion of lhe rnncep( wilh guidance ha, no< achieved .such but ha., delayed the proce.,.s hy eight lo nine monlhs. h i., the currenl suhmissior�, of lhc rc:.,ponde nl that new evidence in chief of the Company Human Resource Manager. Mr David John Adamson of 20 Augu.,t 1997 should he considered. ll1e matter was reli.'ted in accocdanc-c wilh lhe decision of 26 May 1997. ii is lhe vitw of lhe applicanl that lhe Commi.,sion .�hould come to a decision. In view of lhe evidence and material presented at previous hearings and lhe ,ea.son for lhe nalure of the deci.sion of 26 May 1997, lhe Commission will no1 reli.sl lhis matter but will now iurn it< attention to relief. lhe Commission ha.< plat-ed weigh1 on lhe evidence <>f Mr G. Milton in which he slate.<:- "Did anyone else ever make corruncnl in rel>tion to lhe applicanl's attiiude or demeanour in any way whatsoever'! •- Ye.,. they did. 25707_1 .DOC -- 1 of 2 -- 6 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETrE 9 January, 1998 Could you please comml\llt on tha1 if you can rc�all ii" I .,poke 10 number of people in superviwry roles. I spok.: lo Laurie Fagan. Ray Olver, Dave Adamson and I guc.,s I w,c, cryi ng 1,, undcr;cand wh:.1 had happened and why it had h<1ppencd and whal !he i .s.su,,s were and lhe gent!-ral �ommem I �ol was. that Andrew wa.� <t good fith.:r, , t g(.x.xt tradesman, hul <x)uld he quilt' moody and there·d heen period.< wh<!n lht:re'd l'>een some ,-..mJlic1 h<:1wecn ht' ,md Ray Oiver often ova eh� manner in which d,, a particular joh and Ray told me 1h,1t .snme1imc.s Andrew would get panicularly ,111noycd ahoul Ray'.< ins1ruc1ion ,,nd that - may 001 speak 10 Ray for a pe.rind nf lime. Of day.< of even up to a couple ofweek.<. Mr Millon, in rcla1ion 10 why 1crmina1ion wa.s effectc,1 on the applicam, do you consider ii WtL" hecau�e of th:: tO(al disrc:.�pecc that hi;: had .t.;hown for yourself? •. It was.". The evidence of Mr Mill()n gives <1n under.<ianding ,l, lo why the panic.< were unahle 10 r�.<olve lhe <JUc.<llon of relief. A.s I have already indicated workplace relat.cons is modelled on worka participation and involve.mem. The evidence of Mr Milton make.s reforern.:e 10 inslruction , hcin g i�.sued tu employees rather lhan the con1emporary team fram.,work. Such is funher highlighle d hy Mr Millon in his evidence a.s follow.<:- "'.';ow, I refer you again 10 paragraph .<ix of your .<lakmen1, Mr Milton. You say, ·1 wa.< clearly angry'. How angry were y,,u. Mr Milton'' -- I acknowledged I was angry. I acknowledge 1ha1 I wa.< concerned 1ha1 thi.< i ncide nt was occurring. Did you speak to Mr Adie en a very aggressive manner. very an gry manner? -- I don't helicvc I di d. Allh,,ugh I acknowledge 1ha1 I am an aggressive individual and when I speak lo ixt,ple I can COTTII.! aero.<.< aggressively I'm cold. S<> I can acknowledge thal cenainly.". In confinna1ion of his anger he .,1a1ed:- "How do you know Mr Adie was angry"' -- 'lhe same way I know I was angry. it wa5' v�ry obvious. So. you're imputin g your feding.< 10 Mr Adie, yc.,u hdieve because you were angry he mtL<I have heen angry.•. t-;o, I'm nol .<aying lha1 al all. Well th�n h,,w did you know \1r Adie wa.< angry? -- I'm saying he w:L< visibly angry as I wa.s vcsit>ly an gry. Well, what do you mean hy ·visibly angry"! -- I d\>n'1 know how lo an5:wa lha r quc5.tion. I me.an. it's very apparent to � when $On1et>OOy 1.< angry an d when somehody is 1101 angry.". As an employer, Mr \1ilton ha..s cenain re,von.sihilitic.< an d there i.s n,> douh1 that conlain mcnl of ang.:r would ca1,unly he one of lhe mailers he should have addr<.<.<ed. He failed to do so. /\.< a r.:sult the meanin g o f .. 0,><.xl Morning" in the <.<tahli,hmen l had far reaching coiiscyU<'OCcs. Equally I acknowledge that under.<tandahly Mr Adie he<:amc argumencat1ve. The Conunissi on i.< satisfied chat hc..::,u. e. of !he allitudc and ag�rc.5.siven ess of tl1e "rnploy<\r cowards Mr Adie the employer/employee relationship c ould no1 he r<!.<tored. In de1crmining the levd of compensa11on I rely on the decision of thc, President of lhe lndu.<lrial Court in Rebel liquor Pt.)' Lui //as Black Nugge.11 Hotel-Motel, Mortmb,ih 153 QGIG 539-541 :- ..The ohject of compensation is lo resiore the «rnploye.c as far ll' practicable to the financial positi on in which !he employee would have heen, hue for the wrongful dismissal. Compare Ch�ner_v ,. . Kelmzig Nursing flome (1988) 55 SAIR 544, 551-2 and suhSe<JU<lnt case., in this Commission.". In this decision considerahle weight h,cs hcen g iven I(> the. econ onuc cost of chi.< matter. In any matter there is an econonuc as well it< a social cos1. The economic cost can he more easily dctcm,incd �y reference 10 financial data. Mr Adie's fu1ure with thc Company wa.< a crisis in mid 1erm which in a normal environment W<)Uld have hcen manag'.!:d with dignity. Mr Adie wa.-.: not afforded such an approach. M I have indica1ed in my decision of 26 :\1ay I 997, Mr Adie was a l<>yal and dedica1ed compa.n)· t,;mploycc, who wa., carrying c,ul his du1i�.s a..s a 1rade.sman when the G"ntral Manag�r said lhe word.<. "Good Mornrni(. The C<>mmi.s.sion ha.< given lengthy and delaikd considerJlion 10 all of lhc evidence . .suhlTlJ.<.<ions and matcnal .<uhmined and hachy order.< 1ha1 Mr Adit! he awardt!d �ix months �alary at hi.-; normal rac0 of rcmun<!ration . Such remuneration lo he. detem1inc(1 lla.,ed on the basic salary, overtime, superannuation !!IC. which fonn his annual .salary packag,::. If a formal order is required lhe applicant'., repres.;n1a1ive should con1ac1 the Industrial Registrar for !he iss.ue of a Cenifica1e under ,. 355 of the Workplac� Relatio,u Acl 19'17. lhc Cornmi.�sion will re.cdve written suhmis�ions on cost" to he forwarded to the Industrial Regi.<lrar hy I February I 998. The Commis.<ion orders accordingly. K.l.. EDWARDS. Commissi oner. Appearances:- Mr L. !'-<orris of �all Payne on behalf of 1he applicant lv1r P . Amey of Living,1one.s Australia on hehalf of lhe re,p<.mdenl. Operative Date: '\/A Deds1on - Rein,,1atemen1 -Compensa1ion Rdeased: 23 Deeernber 1997 ########################################################## 9 January. I 998 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 7 -- 2 of 2 --