Charles Henry Rosenthal -v- John Palermo
Document Type: Order
Matter Number: U 10/2009
Matter Description: Order s.29(1)(b)(i) Unfair Dismissal
Industry: Farming
Jurisdiction: Single Commissioner
Member/Magistrate name: Acting Senior Commissioner P E Scott
Delivery Date: 13 Jul 2010
Result: Applications granted
Citation: 2010 WAIRC 00445
WAIG Reference: 90 WAIG 719
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES CHARLES HENRY ROSENTHAL
APPLICANT
-V-
JOHN PALERMO
RESPONDENT
CORAM ACTING SENIOR COMMISSIONER P E SCOTT
DATE TUESDAY, 13 JULY 2010
FILE NO/S U 10 OF 2009, B 101 OF 2009
CITATION NO. 2010 WAIRC 00445
Result Applications granted
Order
Having heard Ms R Cosentino on behalf of the applicant and Mr T Palermo as agent for the respondent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby:
1. Declares that the applicant was harshly and unfairly dismissed from his employment by the respondent;
2. Declares that reinstatement is not practicable;
3. Orders that the respondent shall pay to the applicant the amount of:
(a) $28,362.50 gross less any taxation payable to the Commissioner of Taxation as compensation for the loss arising from the dismissal; and
(b) $3,534.37 gross less any taxation payable to the Commissioner of Taxation being salary for the period 1 December 2008 to 23 December 2008.
4. Orders that the amounts set out in Order 3 hereof are to be paid within seven days of the date hereof.
ACTING SENIOR COMMISSIONER P E SCOTT
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Charles Henry Rosenthal
APPLICANT
-v-
John Palermo
RESPONDENT
CORAM Acting Senior Commissioner P E Scott
DATE Tuesday, 13 July 2010
FILE NO/S U 10 OF 2009, B 101 OF 2009
CITATION NO. 2010 WAIRC 00445
Result Applications granted
Order
Having heard Ms R Cosentino on behalf of the applicant and Mr T Palermo as agent for the respondent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby:
1. Declares that the applicant was harshly and unfairly dismissed from his employment by the respondent;
2. Declares that reinstatement is not practicable;
3. Orders that the respondent shall pay to the applicant the amount of:
(a) $28,362.50 gross less any taxation payable to the Commissioner of Taxation as compensation for the loss arising from the dismissal; and
(b) $3,534.37 gross less any taxation payable to the Commissioner of Taxation being salary for the period 1 December 2008 to 23 December 2008.
4. Orders that the amounts set out in Order 3 hereof are to be paid within seven days of the date hereof.
Acting Senior Commissioner P E Scott