Allied Express Transport Pty Ltd v Anderson, Michelle [1997] FCA 1091

Allied Express Transport Pty Ltd v Anderson, Michelle [1997] FCA 1091

Allied failed to establish a valid reason for terminating Ms Anderson's employment. Although Ms Anderson had been clearly instructed not to return to ACP and did return to the loading dock area, her return was technical, fleeting and understandable, was not defiant, and was influenced by Allied's clumsy and unfair handling of her removal. Allied also failed to prove that Ms Anderson's lack of frankness amounted to conduct destroying the necessary confidence between employer and employee, particularly because disputed evidence about the 22 August telephone conversation could not be resolved in Allied's favour when Allied bore the onus. Allied therefore contravened s 170DE(1), reinstatement...

Jurisdiction
Australia
Judgment Date
22 October 1997
Procedural Posture
Application Under S 170 EA of the Industrial Relations Act 1988 (now the Workplace Relations Act 1996) Alleging Unlawful Termination of Employment / Review of Orders Made by Judicial Registrar Mc Ilwaine on 4 July 1997
Outcome
The decision of Judicial Registrar McIlwaine was affirmed and the application for review was dismissed.
Legal Topics
['termination of Employment' 'unlawful Termination' 'valid Reason for Termination' 'opportunity to Defend Allegations' 'serious Misconduct' 'compensation']
['employment Law' 'industrial Relations'] ['termination of Employment' 'unlawful Termination' 'valid Reason for Termination' 'opportunity to Defend Allegations' 'serious Misconduct' 'compensation']

Case Brief

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Procedural Posture

Application Under S 170 EA of the Industrial Relations Act 1988 (now the Workplace Relations Act 1996) Alleging Unlawful Termination of Employment / Review of Orders Made by Judicial Registrar Mc Ilwaine on 4 July 1997

Legal Issues

  1. 1 ["Whether Allied had a valid reason for terminating Ms Anderson's employment connected with her conduct under s 170DE(1) of the Act." 'Whether Ms Anderson breached a clear instruction not to return to the ACP premises and, if so, whether that breach was a valid reason for termination.' 'Whether Ms Anderson was untruthful with Ms McDowell about her movements and whether that destroyed the necessary relationship of confidence between employer and employee.' 'Whether Ms Anderson was provided with an opportunity to defend herself against the allegations made against her under s 170DC of the Act.' 'Whether the compensation ordered by the Judicial Registrar should be sustained.']

Ratio Decidendi

Allied failed to establish a valid reason for terminating Ms Anderson's employment. Although Ms Anderson had been clearly instructed not to return to ACP and did return to the loading dock area, her return was technical, fleeting and understandable, was not defiant, and was influenced by Allied's clumsy and unfair handling of her removal. Allied also failed to prove that Ms Anderson's lack of frankness amounted to conduct destroying the necessary confidence between employer and employee, particularly because disputed evidence about the 22 August telephone conversation could not be resolved in Allied's favour when Allied bore the onus. Allied therefore contravened s 170DE(1), reinstatement...

Court Disposition

The decision of Judicial Registrar McIlwaine was affirmed and the application for review was dismissed.

Orders

  • ['The decision of Judicial Registrar McIlwaine of 4 July 1997 be affirmed.' 'The application for review be dismissed.' 'The moneys paid into Court by the respondent Allied Express Transport Pty Limited be disbursed by paying to the Commissioner of Taxation the taxation applicable to the said moneys as evidenced by a...