Harvey v AJ Mills & Sons Pty Ltd [2006] NSWIRComm 1156

Harvey v AJ Mills & Sons Pty Ltd [2006] NSWIRComm 1156

Although the redundancy was genuine, the manner of dismissal was harsh and unreasonable as the applicant was dismissed abruptly and without sufficient consideration for his circumstances; reinstatement was impracticable and compensation was appropriate.

Source-derived case information.

Parties
Applicant: Andrew Anthony Harvey; Respondent: AJ Mills & Sons Pty Ltd
Jurisdiction
Australia
Judgment Date
18 October 2006
Procedural Posture
Unfair Dismissal Application / Decision
Outcome
Applicant's dismissal was harsh and unreasonable; compensation ordered.
Legal Topics
Unfair Dismissal, Redundancy, Employment Termination, Compensation
Industrial Law Unfair Dismissal Redundancy Employment Termination Compensation

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Andrew Anthony Harvey

Applicant

AJ Mills & Sons Pty Ltd

Respondent

Procedural Posture

Unfair Dismissal Application / Decision

Legal Issues

  1. 1 Whether the applicant was unfairly dismissed or made redundant
  2. 2 Whether the redundancy was genuine
  3. 3 Whether the dismissal was harsh, unreasonable or unjust

Ratio Decidendi

Although the redundancy was genuine, the manner of dismissal was harsh and unreasonable as the applicant was dismissed abruptly and without sufficient consideration for his circumstances; reinstatement was impracticable and compensation was appropriate.

Court Disposition

Applicant's dismissal was harsh and unreasonable; compensation ordered.

Orders

  • The respondent is to pay to the applicant an amount of $6000.
  • The amount in Order 1 is to be paid within twenty-one days of 18 October 2006.