DISPUTE RE ALLEGED UNFAIR DISMISSAL OF UNION MEMBER

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 Senior Commissioner S J Kenner

DATE MONDAY, 13 FEBRUARY 2017

FILE NO/S CR 9 OF 2016

CITATION NO. 2017 WAIRC 00071 

Result Application upheld

Representation

Applicant Mr C Fogliani of counsel

Respondent Mr D Anderson of counsel

Declaration and Orders

HAVING HEARD Mr C Fogliani of counsel on behalf of the applicant and Mr D Anderson of counsel on behalf of the respondent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby –

(1)             DECLARES that the dismissal of Mr Stefano Merlo by the respondent on 8 June 2016 was harsh oppressive and unfair.

(2)             ORDERS the respondent to reinstate Mr Merlo as a Transit Officer Level 3 in accordance with the Public Transport Authority/ARTBIU (Transit Officers) Industrial Agreement 2015.

(3)             ORDERS that Mr Merlo be paid an amount in respect of remuneration lost from the date of his dismissal to the date of his reinstatement in accordance with the rate of pay, entitlements and benefits applicable to the position of a Transit Officer Level 3.

(4)             ORDERS that Mr Merlo’s service with the respondent otherwise be deemed continuous for all benefit purposes.

Senior Commissioner S J Kenner