IPSA -V- WESTGATE MEDICAL CENTRE [1997] IRCA 154

IPSA -V- WESTGATE MEDICAL CENTRE [1997] IRCA 154

The applicant did not abandon or resign from her employment; her conduct and her mother's immediate contact with the respondent showed an attempt to resolve the matter and a desire to remain employed. The respondent's failure to pursue the issue after the incident resulted in termination at the initiative of the employer. The complaint about cleaning was minor and did not justify termination in light of the applicant's overall commitment and efficiency, and she was given no opportunity to be heard. Reinstatement was impracticable because of mutual hostility and offence, so compensation equivalent to two weeks' wages and damages for lack of notice were ordered.

Jurisdiction
Australia
Judgment Date
01 May 1997
Procedural Posture
Application Pursuant to Section 170 EA of the Workplace Relations Act 1996 Alleging Unlawful Termination / Reasons for Decision and Orders After Hearing
Outcome
Application upheld; reinstatement refused as impracticable; compensation and damages awarded.
Legal Topics
['unlawful Termination' 'termination at the Initiative of the Employer' 'abandonment of Employment' 'opportunity to Respond' 'reinstatement' 'compensation' 'notice or Payment in Lieu']
['industrial Law' 'employment Law'] ['unlawful Termination' 'termination at the Initiative of the Employer' 'abandonment of Employment' 'opportunity to Respond' 'reinstatement' 'compensation' 'notice or Payment in Lieu']

Case Brief

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Procedural Posture

Application Pursuant to Section 170 EA of the Workplace Relations Act 1996 Alleging Unlawful Termination / Reasons for Decision and Orders After Hearing

Legal Issues

  1. 1 ["Whether the applicant's employment was abandoned or resigned from, or terminated at the initiative of the employer." "Whether the respondent had a valid reason for terminating the applicant's employment." 'Whether the applicant was given an opportunity to be heard before termination.' 'Whether reinstatement was impracticable.' 'What compensation and damages should be ordered.']

Ratio Decidendi

The applicant did not abandon or resign from her employment; her conduct and her mother's immediate contact with the respondent showed an attempt to resolve the matter and a desire to remain employed. The respondent's failure to pursue the issue after the incident resulted in termination at the initiative of the employer. The complaint about cleaning was minor and did not justify termination in light of the applicant's overall commitment and efficiency, and she was given no opportunity to be heard. Reinstatement was impracticable because of mutual hostility and offence, so compensation equivalent to two weeks' wages and damages for lack of notice were ordered.

Court Disposition

Application upheld; reinstatement refused as impracticable; compensation and damages awarded.

Orders

  • ['The respondent pay to the applicant compensation in the sum of $656.00 pursuant to Subsection 170EE(3) of the Workplace Relations Act, 1996.' 'The respondent pay to the applicant damages in the sum of $328.00 pursuant to Subsection 170EE(5) of the Workplace Relations Act, 1996.' 'Such payments to be made within 21...