DISPUTE RE ALLEGED DISCIPLINARY ACTION

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES The Australian Rail, Tram and Bus Industry Union of Employees, West Australian Branch

APPLICANT

-v-

The Public Transport Authority of Western Australia

RESPONDENT

CORAM Commissioner J L Harrison

DATE friday, 18 December 2015

FILE NO/S CR 32 OF 2014

CITATION NO. 2015 WAIRC 01107

Result Order issued

Representation

Applicant Mr C Fogliani (of counsel)

Respondent Mr D Matthews (of counsel)

Order

HAVING HEARD Mr C Fogliani (of counsel) on behalf of the applicant and Mr D Matthews (of counsel) on behalf of the respondent, the Commission pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders:

1. THAT the respondent reinstate Janet Vimpany to her former position by no later than 11 January 2016 as if her contract of employment had not been terminated on 8 October 2014.

2. THAT the respondent reinstate Janet Vimpany’s accrued entitlements and that her service with the respondent be regarded as continuous for all purposes including long service leave.

3. ORDERS that by no later than 11 January 2016 the respondent pay Janet Vimpany an amount of money in respect of all of the remuneration lost by her by reason of the termination of her contract of employment as if she had worked continuously in the employment of the respondent between 8 October 2014 and the date she is reinstated, less any income earned by her in this period.

Commissioner J L Harrison