Scrivens v Golden Power Electronics Pty Ltd [1996] IRCA 116

Scrivens v Golden Power Electronics Pty Ltd [1996] IRCA 116

The applicant's version of workplace events was preferred, and it was found that the respondent breached its duty of co-operation and good faith by failing to address her allegations and terminating her employment without a sound reason or adequate procedural fairness as required under ss170DC, 170DE, and 170DF of the Act.

Parties
Applicant: Amanda Scrivens; Respondent: Golden Power Electronics Pty Ltd
Jurisdiction
Australia
Judgment Date
29 March 1996
Procedural Posture
Industrial Law Unfair Dismissal / Judgment After Hearing
Outcome
Application upheld; compensation awarded
Legal Topics
Termination of Employment, Unfair Termination, Sexual Harassment, Breach of Contract, Procedural Fairness, Compensation
Industrial Law Termination of Employment Unfair Termination Sexual Harassment Breach of Contract Procedural Fairness Compensation

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Parties

Amanda Scrivens

Applicant

Golden Power Electronics Pty Ltd

Respondent

Procedural Posture

Industrial Law Unfair Dismissal / Judgment After Hearing

Legal Issues

  1. 1 Whether the termination of the applicant's employment was unfair under the Industrial Relations Act 1988 ss.170DC, 170DE, and 170DF
  2. 2 Whether illness resulted from breach of contract and employer failing to respond to allegations of sexual harassment
  3. 3 Whether procedural fairness was afforded to the applicant

Ratio Decidendi

The applicant's version of workplace events was preferred, and it was found that the respondent breached its duty of co-operation and good faith by failing to address her allegations and terminating her employment without a sound reason or adequate procedural fairness as required under ss170DC, 170DE, and 170DF of the Act.

Court Disposition

Application upheld; compensation awarded

Orders

  • That within 21 days the respondent pay to the applicant the sum of $18,000.