C A T C H W O R D S

INDUSTRIAL LAW - Termination of employment - probation.

INDUSTRIAL RELATIONS ACT 1988,                                s.170EA, Regulation 30B(i)c(ii)

MATTEO BERNOBICH -V-TJUWANPA OUTSTATION CRC

No. SI1147 of 1995

JUDICIAL REGISTRAR:                    L FARRELL

PLACE:                                               ADELAIDE

DATE:                                                 2 OCTOBER 1995
INDUSTRIAL RELATIONS COURT                        )

OF AUSTRALIA                                                        )

SOUTH AUSTRALIA DISTRICT REGISTRY           )

                                                                        No. SI1147 of 1995

                                                                        B E T W E E N:

                                                                        MATTEO BERNOBICH

                                                                                                Applicant

                                                                        AND

                                                                        TJUWANPA OUTSTATION CRC

                                                                                                Respondent

MINUTES OF ORDER

BEFORE:                   JUDICIAL REGISTRAR L FARRELL

PLACE:                      ADELAIDE

DATE:                        2 OCTOBER 1995

THE COURT ORDERS THAT:

1.         The Application is dismissed.

NOTE:             Settlement and entry of Orders is dealt with by Order 36 of the                                                 Industrial Relations Court Rules

INDUSTRIAL RELATIONS COURT                        )

OF AUSTRALIA                                                        )

SOUTH AUSTRALIA DISTRICT REGISTRY           )

                                                                        No. SI1147 of 1995

                                                                        B E T W E E N:

                                                                        MATTEO BERNOBICH

                                                                                                Applicant

                                                                        AND

                                                                        TJUWANPA OUTSTATION CRC

                                                                                                Respondent

BEFORE:                   JUDICIAL REGISTRAR L FARRELL

PLACE:                      ADELAIDE

DATE:                        2 OCTOBER 1995

REASONS FOR JUDGMENT

This is an Application pursuant to Section 170EA of the Industrial Relations Act.  The Applicant claims that his employment was terminated unlawfully.

The Applicant was employed by the Respondent subject to a probationary period of three months.  It was agreed between the parties that the period of probation was determined prior to the Applicant’s employment commencing. 

The parties requested that I determine the issue of whether the probation period was, in accordance with Regulation 30B(i)c(ii), reasonable having regard to the nature and circumstances of the employment.

. 

The Applicant was employed by the Respondent as an Accountant, his duties were complex and varied.  It was a senior position and it required a high degree of professional skill.

The Applicant was interviewed for his position by telephone.

The Respondent is a resource centre for forty Aboriginal outstations.  Its location is remote.  The environment is dramatically different from the city from which the Applicant came.  A person employed in a position such as accountant by the Respondent needed to demonstrate sensitivity to Aboriginal issues and a capacity to work smoothly in that situation.

These circumstances are unusual and warranted a longer probationary period than usual found for similar positions.

In my view in the particular circumstances of this matter the probation period was reasonable having regard to the nature and circumstances of the Applicant’s employment.  As I have no jurisdiction to continue to hear the matter, I dismiss the Application.

I certify that this and the preceding page is a true copy of the reasons for my judgment.

DATE OF HEARING              :           31 October 1995

FOR THE APPLICANT          :           Himself

FOR THE RESPONDENT      :           Mr M Prowse