FULLER - v - YATES AND WALDRON trading as BEAUFORT FIREWOOD SUPPLIES [1997] IRCA 92

FULLER - v - YATES AND WALDRON trading as BEAUFORT FIREWOOD SUPPLIES [1997] IRCA 92

The respondents' conduct in attempting to make the applicant deduct his own tax and Yates' responses to the applicant's pay queries on or about 4 July 1996 more likely than not initiated and brought about the termination of the contract of employment. The employment was therefore terminated in contravention of the Workplace Relations Act 1996, and compensation was assessed for three weeks' lost remuneration plus loss of the security of a full time position.

Jurisdiction
Australia
Judgment Date
27 March 1997
Procedural Posture
Application for Compensation Alleging Termination of Employment in Contravention of the Workplace Relations Act 1996 / Reasons for Judgment and Orders After Hearing
Outcome
Application granted; declaration made that the respondents terminated the applicant's employment in contravention of the Workplace Relations Act 1996 and compensation ordered.
Legal Topics
['termination of Employment' 'termination at the Initiative of the Employer' 'unlawful Termination' 'compensation' 'wage Subsidy Agreement' 'paye Tax Deductions']
['industrial Law' 'employment Law'] ['termination of Employment' 'termination at the Initiative of the Employer' 'unlawful Termination' 'compensation' 'wage Subsidy Agreement' 'paye Tax Deductions']

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Procedural Posture

Application for Compensation Alleging Termination of Employment in Contravention of the Workplace Relations Act 1996 / Reasons for Judgment and Orders After Hearing

Legal Issues

  1. 1 ["Whether on or about 4 July 1996 the applicant's employment was terminated at the initiative of the respondents or whether the applicant resigned or abandoned his employment." 'Whether the termination was in contravention of the Workplace Relations Act 1996.' 'What compensation should be awarded for the termination.']

Ratio Decidendi

The respondents' conduct in attempting to make the applicant deduct his own tax and Yates' responses to the applicant's pay queries on or about 4 July 1996 more likely than not initiated and brought about the termination of the contract of employment. The employment was therefore terminated in contravention of the Workplace Relations Act 1996, and compensation was assessed for three weeks' lost remuneration plus loss of the security of a full time position.

Court Disposition

Application granted; declaration made that the respondents terminated the applicant's employment in contravention of the Workplace Relations Act 1996 and compensation ordered.

Orders

  • ["On 4 July 1996 the respondents terminated the applicant's employment in contravention of the provisions of the Workplace Relations Act 1996." 'Within 21 days of the date of the making of these orders the respondents pay to the applicant the sum of $2,074 by way of compensation.']