Coleman v Harmon Partners (Administration) Pty Ltd [1996] IRCA 296

Coleman v Harmon Partners (Administration) Pty Ltd [1996] IRCA 296

The respondent's unilateral variation of the applicant's employment terms constituted termination at the employer's initiative; while the operational requirements provided a valid basis under s170DE(1), the procedure adopted was harsh, unjust and unreasonable under s170DE(2), entitling the applicant to compensation equivalent to six months' remuneration.

Parties
Applicant: Barbara Kaye Coleman; Respondent: Harmon Partners (Administration) Pty Ltd
Jurisdiction
Australia
Judgment Date
02 July 1996
Procedural Posture
Industrial Law Unlawful Termination Application / Decision
Outcome
Application upheld. Termination found to be harsh, unjust and unreasonable; compensation awarded.
Legal Topics
Unlawful Termination, Operational Requirements, Harsh, Unjust or Unreasonable Dismissal, Compensation, Redundancy, Notice Period
Industrial Law Unlawful Termination Operational Requirements Harsh, Unjust or Unreasonable Dismissal Compensation Redundancy Notice Period

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Parties

Barbara Kaye Coleman

Applicant

Harmon Partners (Administration) Pty Ltd

Respondent

Procedural Posture

Industrial Law Unlawful Termination Application / Decision

Legal Issues

  1. 1 Whether the termination was at the initiative of the employer
  2. 2 Whether the reason for termination was valid and based on operational requirements
  3. 3 Whether the termination was harsh, unjust or unreasonable

Ratio Decidendi

The respondent's unilateral variation of the applicant's employment terms constituted termination at the employer's initiative; while the operational requirements provided a valid basis under s170DE(1), the procedure adopted was harsh, unjust and unreasonable under s170DE(2), entitling the applicant to compensation equivalent to six months' remuneration.

Court Disposition

Application upheld. Termination found to be harsh, unjust and unreasonable; compensation awarded.

Orders

  • The respondent pay to the applicant the sum of $19,110.00 in compensation.
  • Time for payment is twenty one days from the date of order.