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Result Unfairly dismissed - reinstated. Contractual benefits claim dismissed.

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HAVING heard Mr K. Trainer, as Agent, for the Applicant and Mr T. Caspersz, of Counsel, and with him Mr C. Taylor, of Counsel, on behalf of the Respondent the Commission pursuant to the powers vested in it by the Industrial Relations Act, 1979 doth hereby order:

1. THAT the Applicant was unfairly dismissed by the Respondent.

2. THAT the Respondent reinstate the Applicant to his former position.

3. THAT the Applicant's service will be deemed to be continuous from the date of termination until he is reinstated in accordance with Order 2 hereof for the purposes of annual leave, sick leave and long service leave.

4. THAT the Respondent pay the Applicant ordinary time earnings, less any income received from any source, he would have received if he had worked between the date of dismissal and the time he was reinstated in accordance with Order 2 hereof.

5. THAT liberty is reserved to apply to the Commission in the event that there is a dispute on the quantum to be paid in accordance with Order 4 hereof.