Arthur Thomas Murray v W. H. Bowden Pty Ltd [1995] IRCA 670

The respondent failed to establish a valid reason for terminating the applicant’s employment as required by s170DE(1) of the Industrial Relations Act 1988, making the termination unlawful.

Jurisdiction: Australia
Judgment Date: 14 December 1995
Procedural Posture: Unlawful Termination Application / Final Judgment
Outcome: Application allowed; extension of time granted; compensation awarded.
Legal Topics: ['termination of Employment' 'unlawful Termination' 'industrial Relations Act 1988']

['industrial Law'] ['termination of Employment' 'unlawful Termination' 'industrial Relations Act 1988']

Case Brief

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Unlawful Termination Application / Final Judgment

Legal Issues

1 ["Whether the termination of the applicant's employment was unlawful" "Whether the respondent had a valid reason for terminating the applicant's employment"]

Ratio Decidendi

The respondent failed to establish a valid reason for terminating the applicant’s employment as required by s170DE(1) of the Industrial Relations Act 1988, making the termination unlawful.

Court Disposition

Application allowed; extension of time granted; compensation awarded.

Orders

['The time for filing the application be extended to 28 February 1995.' 'The application be allowed.' 'The respondent pay to the applicant the sum of $2052 within 14 days of this order.']