Bianco v Polycarbonate Roofing Centre [1995] IRCA 278

Bianco v Polycarbonate Roofing Centre [1995] IRCA 278

The applicant's employment was terminated without a valid reason and contrary to the requirements of the Industrial Relations Act 1988; as the respondent offered no defence, termination was unlawful, entitling the applicant to damages, compensation, and payment of outstanding annual leave.

Parties
Applicant: Bianco; Respondent: Polycarbonate Roofing Centre
Jurisdiction
Australia
Judgment Date
08 June 1995
Procedural Posture
Application for Compensation and Entitlements Under the Industrial Relations Act 1988 / Judgment
Outcome
Applicant's claim upheld; compensation and entitlements awarded.
Legal Topics
Termination of Employment, Unlawful Termination, Compensation, Annual Leave Entitlements
Industrial Law Termination of Employment Unlawful Termination Compensation Annual Leave Entitlements

Case Brief

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Parties

Bianco

Applicant

Polycarbonate Roofing Centre

Respondent

Procedural Posture

Application for Compensation and Entitlements Under the Industrial Relations Act 1988 / Judgment

Legal Issues

  1. 1 Whether the applicant's employment was unlawfully terminated under the Industrial Relations Act 1988
  2. 2 Whether the applicant is entitled to compensation and payment of outstanding entitlements

Ratio Decidendi

The applicant's employment was terminated without a valid reason and contrary to the requirements of the Industrial Relations Act 1988; as the respondent offered no defence, termination was unlawful, entitling the applicant to damages, compensation, and payment of outstanding annual leave.

Court Disposition

Applicant's claim upheld; compensation and entitlements awarded.

Orders

  • The respondent pay to the applicant the sum of $1200 damages pursuant to section 170EE(5) of the Industrial Relations Act 1988
  • The respondent pay to the applicant the sum of $5000 compensation