Anthony Smith & Associates Pty Limited v Sinclair [1996] IRCA 160

Anthony Smith & Associates Pty Limited v Sinclair [1996] IRCA 160

The appeal was dismissed on the basis that reinstatement of the respondent was both practicable and appropriate in all the circumstances, and the evidentiary burden of impracticability was not discharged by the appellant. The evidence showed available positions, and the employer could be ordered to reinstate to...

Source-derived case information.

Parties
Appellant: Anthony Smith & Associates Pty Limited; Respondent: Gary Sinclair
Jurisdiction
Australia
Judgment Date
22 April 1996
Procedural Posture
Appeal / Full Court Appeal From Trial Judge Decision
Outcome
Appeal dismissed
Legal Topics
Termination of Employment, Unlawful Termination, Remedies for Unfair Dismissal, Reinstatement, Compensation
Industrial Law Termination of Employment Unlawful Termination Remedies for Unfair Dismissal Reinstatement Compensation

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Parties

Anthony Smith & Associates Pty Limited

Appellant

Gary Sinclair

Respondent

Procedural Posture

Appeal / Full Court Appeal From Trial Judge Decision

Legal Issues

  1. 1 Whether an appeal to a Full Court is a rehearing in these circumstances
  2. 2 Whether reinstatement is practicable and appropriate in all the circumstances
  3. 3 Whether the employer bears the evidentiary burden to establish impracticability

Ratio Decidendi

The appeal was dismissed on the basis that reinstatement of the respondent was both practicable and appropriate in all the circumstances, and the evidentiary burden of impracticability was not discharged by the appellant. The evidence showed available positions, and the employer could be ordered to reinstate to another position with no less favourable terms, regardless of whether a position matching salary existed or would otherwise be created.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Order affirming reinstatement of respondent by appointment to another position on no less favourable terms.