Brown v Power and Power T/AS Royal Hotel Tumut [1996] IRCA 140

Brown v Power and Power T/AS Royal Hotel Tumut [1996] IRCA 140

The employment was terminated by the respondents on 23 December 1994 when the employer knew the applicant had a medical certificate stating he was unfit for work for two days. The respondents did not discharge the burden of showing that the termination was not for temporary absence because of illness; the evidence supported that it was. The termination therefore contravened s170DF(1)(a). For compensation, Brown would likely have remained employed for the following six months and some work would have been accommodated despite his back injury, but the workers compensation payments made in that period were to be treated as remuneration paid in satisfaction of an employer obligation....

Jurisdiction
Australia
Judgment Date
19 April 1996
Procedural Posture
Review of a Judicial Registrar's Determination of an Application Under S170 EA of the Industrial Relations Act 1988 for Unlawful Termination / Judgment on Review
Outcome
The review succeeded in part. The Judicial Registrar's compensation order of $13,000 was set aside and compensation of $2,500 was ordered.
Legal Topics
['unlawful Termination' 'temporary Absence Because of Illness or Injury' 'compensation for Termination' 'treatment of Workers Compensation Payments as Remuneration' 'review of Judicial Registrar Decision']
['industrial Law' 'employment Law' 'workers Compensation'] ['unlawful Termination' 'temporary Absence Because of Illness or Injury' 'compensation for Termination' 'treatment of Workers Compensation Payments as Remuneration' 'review of Judicial Registrar Decision']

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Procedural Posture

Review of a Judicial Registrar's Determination of an Application Under S170 EA of the Industrial Relations Act 1988 for Unlawful Termination / Judgment on Review

Legal Issues

  1. 1 ["Whether Alan Lawrence Brown's employment was terminated at the initiative of the respondents on 23 December 1994." 'Whether any termination contravened s170DF(1)(a) of the Industrial Relations Act 1988 because it was for temporary absence from work because of illness or injury.' 'Whether Brown would have received remuneration during the six months following termination if the employment had not been terminated.' 'Whether workers compensation payments received after termination should be treated as remuneration when assessing compensation under s170EE(3).' 'What amount of compensation should be awarded.']

Ratio Decidendi

The employment was terminated by the respondents on 23 December 1994 when the employer knew the applicant had a medical certificate stating he was unfit for work for two days. The respondents did not discharge the burden of showing that the termination was not for temporary absence because of illness; the evidence supported that it was. The termination therefore contravened s170DF(1)(a). For compensation, Brown would likely have remained employed for the following six months and some work would have been accommodated despite his back injury, but the workers compensation payments made in that period were to be treated as remuneration paid in satisfaction of an employer obligation....

Court Disposition

The review succeeded in part. The Judicial Registrar's compensation order of $13,000 was set aside and compensation of $2,500 was ordered.

Orders

  • ['The order of the Judicial Registrar of 1 June 1995 requiring payment of compensation to the applicant in the sum of $13,000 is set aside.' 'The respondents pay the applicant the sum of $2,500 by way of compensation.' 'Liberty to apply.']