Australian Industrial Relations Commission

Mis  178 /96 S Print N1979

                  AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

                         Industrial Relations Act 1988
         s.170EC Application to the Commission for Consent Arbitration

                                  I Sequeira

                                      and

                              Thomas Cook Limited
                           Foreign Exchange Services

                               (U 20652 of 1996)

DEPUTY PRESIDENT DRAKE                                      SYDNEY, 24 MAY 1996

Unlawful Termination

                                   FINDINGS

The Applicant's termination contravened the provisions of the Industrial
Relations Act 1988 in that he was not given a real opportunity to defend
himself against the allegations made and that in all the circumstances of the
case the termination was harsh, unjust and unreasonable.

                                     ORDER

1.    The employer, Thomas Cook Limited shall reinstate the Applicant Mr I
Sequeira to the position in which he was employed immediately before his
termination on 31 January 1996 except that he shall be employed as if the
termination of the 31 January 1996 had been a final warning.

2.    The employer shall for all purposes treat the Applicant as having been
continuously employed from 31 January 1996 except that the Applicant's salary
from 31 January 1996 to the date of reinstatement shall be paid at the base
rate without any 17.5% loading and the employer will be given credit for any
payments made since 31 January 1996.

2

BY THE COMMISSION:

DEPUTY PRESIDENT

** end of text **

*** End of Text ***