Quality Bakers of Australia Limited v John Goulding & Anor & Bob Wickham & Anor v Quality Bakers of Australia Limited [1995] IRCA 285

Quality Bakers of Australia Limited v John Goulding & Anor & Bob Wickham & Anor v Quality Bakers of Australia Limited [1995] IRCA 285

Although there was a valid operational reason for the redundancies, the employer's failure to consult individually with the employees or consider alternative employment rendered the terminations harsh, unjust or unreasonable under s 170DE(2) of the Industrial Relations Act 1988 (Cth).

Jurisdiction
Australia
Judgment Date
23 June 1995
Procedural Posture
Application for Review of Judicial Registrar's Decision / Post Hearing, Judgment on Review
Outcome
Applications allowed; terminations declared harsh, unjust or unreasonable; reinstatement and compensation ordered.
Legal Topics
['unfair Dismissal' 'redundancy' 'operational Requirements' 'procedural Fairness' 'industrial Relations Act 1988']
['employment Law' 'industrial Law'] ['unfair Dismissal' 'redundancy' 'operational Requirements' 'procedural Fairness' 'industrial Relations Act 1988']

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Procedural Posture

Application for Review of Judicial Registrar's Decision / Post Hearing, Judgment on Review

Legal Issues

  1. 1 ['Whether the termination of employment was harsh, unjust or unreasonable' 'Whether there was a valid reason for termination based on operational requirements (genuine redundancy)' 'Whether consultation with employees or the union was required and adequate']

Ratio Decidendi

Although there was a valid operational reason for the redundancies, the employer's failure to consult individually with the employees or consider alternative employment rendered the terminations harsh, unjust or unreasonable under s 170DE(2) of the Industrial Relations Act 1988 (Cth).

Court Disposition

Applications allowed; terminations declared harsh, unjust or unreasonable; reinstatement and compensation ordered.

Orders

  • ['Quality Bakers of Australia Ltd to reinstate John Goulding to his former position.' 'Quality Bakers of Australia Ltd to treat John Goulding as continuously employed from date of termination to reinstatement.' 'Quality Bakers of Australia Ltd to pay John Goulding lost remuneration due to termination.' 'Quality...