Nokia Telecommunications Pty Limited v Davis [1996] IRCA 549

Nokia Telecommunications Pty Limited v Davis [1996] IRCA 549

Reinstatement was confirmed because, although Nokia conceded the termination was unlawful, the evidence did not establish that Mr Davis was unwilling to implement instructions, defiant or insubordinate; the SCALA system was unsuitable without significant modifications and it was unfair to expect him to resolve its deficiencies. His internal letters to the chairman in Finland did not make reinstatement impracticable or inappropriate. On the bonus claim, Mr Davis did not prove entitlement to the higher claimed bonus, but the bonus letter entitled him to at least the 50% bonus of $2,100; because he had received only $1,400, Nokia owed him $700 plus interest.

Jurisdiction
Australia
Judgment Date
10 October 1996
Procedural Posture
Unlawful Termination Application; Application for Review of Judicial Registrar's Orders / Review Hearing Before Wilcox CJ
Outcome
Application for review dismissed except that Nokia was ordered to pay Mr Davis $700 plus interest for the unpaid balance of bonus; Judicial Registrar Patch's reinstatement orders were otherwise confirmed.
Legal Topics
['termination of Employment' 'unlawful Termination' 'reinstatement' 'employer Directions' 'bonus Entitlement']
['industrial Law' 'employment Law'] ['termination of Employment' 'unlawful Termination' 'reinstatement' 'employer Directions' 'bonus Entitlement']

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Procedural Posture

Unlawful Termination Application; Application for Review of Judicial Registrar's Orders / Review Hearing Before Wilcox CJ

Legal Issues

  1. 1 ["Whether, despite Nokia's concession that termination contravened s 170DC of the Industrial Relations Act 1988, reinstatement was impracticable or inappropriate under s 170EE(1)." 'Whether Mr Davis refused to obey reasonable directions to use the SCALA computer software system or was defiant or insubordinate.' "Whether letters sent by Mr Davis to Nokia's chairman in Finland alleging irregularities or mismanagement made reinstatement impracticable or inappropriate." 'Whether Mr Davis was entitled to an unpaid balance of bonus money.']

Ratio Decidendi

Reinstatement was confirmed because, although Nokia conceded the termination was unlawful, the evidence did not establish that Mr Davis was unwilling to implement instructions, defiant or insubordinate; the SCALA system was unsuitable without significant modifications and it was unfair to expect him to resolve its deficiencies. His internal letters to the chairman in Finland did not make reinstatement impracticable or inappropriate. On the bonus claim, Mr Davis did not prove entitlement to the higher claimed bonus, but the bonus letter entitled him to at least the 50% bonus of $2,100; because he had received only $1,400, Nokia owed him $700 plus interest.

Court Disposition

Application for review dismissed except that Nokia was ordered to pay Mr Davis $700 plus interest for the unpaid balance of bonus; Judicial Registrar Patch's reinstatement orders were otherwise confirmed.

Orders

  • ['Nokia Telecommunications Pty Ltd pay to Keith Davis within 14 days the sum of $700 with interest on that sum at the rate of 10% per annum from 17 March 1995 until the date of payment.' 'Otherwise, the application for review of the orders made by Judicial Registrar Patch on 30 April 1996 be dismissed and the said...