Barry Neill Cordwell & anor v Interstate Drivers Services Pty Limited [1995] IRCA 15

Barry Neill Cordwell & anor v Interstate Drivers Services Pty Limited [1995] IRCA 15

The termination of the applicant's employment was not based on valid reasons connected with his capacity or conduct and lacked procedural fairness. One of the reasons for termination was the applicant's union activities and/or his role as employee representative, which is prohibited. The respondent failed to...

Source-derived case information.

Parties
Applicant: Barry Neill Cordwell; Applicant: Transport Workers Union of Australia; Respondent: Interstate Driver Services Pty Limited
Jurisdiction
Australia
Judgment Date
23 January 1995
Procedural Posture
Industrial Law Termination of Employment / Judgment at First Instance
Outcome
Application granted. Termination found to be unlawful. Compensation and damages awarded.
Legal Topics
Unlawful Termination, Union Activities, Remedies for Unlawful Termination, Procedural Fairness, Employment Compensation
Industrial Law Employment Law Unlawful Termination Union Activities Remedies for Unlawful Termination Procedural Fairness Employment Compensation

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Parties

Barry Neill Cordwell

Applicant

Transport Workers Union of Australia

Applicant

Interstate Driver Services Pty Limited

Respondent

Procedural Posture

Industrial Law Termination of Employment / Judgment at First Instance

Legal Issues

  1. 1 Whether the applicant's employment was terminated for participation in union activities or acting as employee representative
  2. 2 Whether the employer had a valid reason connected to capacity or conduct for termination
  3. 3 Whether the employment termination was procedurally fair

Ratio Decidendi

The termination of the applicant's employment was not based on valid reasons connected with his capacity or conduct and lacked procedural fairness. One of the reasons for termination was the applicant's union activities and/or his role as employee representative, which is prohibited. The respondent failed to discharge the burden of proof to show otherwise, and thus contravened statutory provisions. Compensation and damages were awarded as reemployment was impracticable.

Court Disposition

Application granted. Termination found to be unlawful. Compensation and damages awarded.

Orders

  • That in terminating the employment of the Applicant, the Respondent contravened Division 3 of Part VIA of the Industrial Relations Act 1988.
  • That the Respondent pay the Applicant compensation in the sum of $13,372.43 gross.