Dunrobin v Jukanyula Aboriginal Corporation [1997] QIRC 121 (1997) 154 QGIG 1147

Ti I 1 April, 1997 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 1147 ########################################################## QIJEE'.\'SLA'.\'D INDUSTRIAL RELA TIO'.\'S COMMISSION Industrial Relatwns Act 1990 s 295 - application for reinstatement Arminell Jane Dunrobin AND Jukanyuia Aboriginal Corporation (No B280 o/1996) COMMISSIONER EDWARDS 25 March 1997 Termination of Employment Dismissal Reimtatement Unsworn Evidence Work Performance No Coun~lling Dismissal Harsh, UnJust and Unreasonable Compensation Ordered DECISION This application by Arminell Jane Dunrobin was filed on I 2 Feb';-uary 1996. The hearings scheduled for 23 October 1996 were postponed until 20 November 1996 at the requesl of the applicant. The Commission proceeded to hear the matter in Bundaberg on 20 November 1996 but adjourned into conference lo assi~t the parties who were not familiar or knowledgeable with procedural matters A-.. a result of the conference the parties agreed to an adjournment lo enable further private discussions to take place. A~ ~ome of the employees, management committee and parent~ are family members, the Commission was anxious to assist the parties to resolve the dispute with a minimal amount of animosity to the families. The parties were unable ro reach agreement so the matter was relistcd for Bundaberg on 4 and 5 March 1997. A~ neither parties were repre~nted the Commission permitted a semi- formal approach to the hearing with a degree of free flow of information. The Commission also permitted all views of persons in support of the argument to be presented as unswom evidence. The applicant outlined in her application that on 29 November 1995 she wrote to the Management Committee of Jukanyula Aboriginal Corporation (the Centre) regarding a shortfall in wages. On 19 December 1995 she received a letter tem1inating her services for:- "(a) not acting in a responsible manner; lb) not handling both monthly and quarterly reports to Committee in accordance with the duty statemem ". Mrs Dunrobin confirmed that at no time was she counselled or concern expressed about her work performance. On behalf of the respondent. Mr. Broome outlined that:- '"Joan Dunrobin did not fully complete the monthly and qua11erly reports nor were they forwarded planners provided for the enrichment program. . The Management Committee advi~d all staffthar they had organised training with the community development officer, Marianne Tudman, to do the training ~ssions with the staff at the Educational 22862 l DOC -- 1 of 2 -- 1148 QUEENSLAND GOVERNMENT LNDUSTRIAL GAZETTE Centre, Woongarra StreeL Joan Dunrohin failed to attend. The Management Committee made arrangement, ti,r trnining and child c.Hf' at the Bundaherg TArE College and Joan failed to attend." Mr l:3roome al,o 111diG1ted that tne c·ent1c v.a~ not in a financial position to pay any compen~ation The Cornrrnss1on spent a cons1dcrahle amount o! time with the parties A~ a result 11f tho:-.e di~c:us:-.iurh a11d the det1il, placed on the transcript the Comrni,;,ion i, satisfied that the dismissal was harsh, unjust and unrea~onahk. The Commis,ion acknowledge, that the Centff would be fac't•d v.11h financial difficult1e~ in attempting to p:iy compensation. At the same time the Management Committee has a respon~1bility to manage the Centre according to acceptable practices and crnnply with rndustnal leg1slat1on The ( 'n111111is,H'll therefiHe (11ders. that an arnrnml or S'.'000 ()() be p,11d w Mr, Dunrobm During the hearing the emp!oyer did ,ugge,t ways that compensation could be raid The Commission therefore sugge,ts that an amount of Sl,'i00.00 be paid within a rea.'>onabk period v.ith the h;ilarnt: uf $')()() ()() 1t1 be paid on an agreed dale' If the parties are unable to agree on the proposed payment the Com1111ssion will extend a,,i,;rance I order accordingly K.L EDWARDS, C()JJmfr,sioner Mr, A J Dunrobin on her own behalf Ms J. Chapman with her \1r R.A. William,. Mr CG. Rmornc ~md Mrs P 81 uome t m behalf of J uk;myula Ahnriginal Corporation Operative Date: N/A Decision - Reinstatement Rclea-.cd 25 Maid1 1997 ########################################################## 11 ApriL 1997 r ; -- 2 of 2 --