Smith v McIntyre Real Estate Pty Ltd [1996] IRCA 553

Smith v McIntyre Real Estate Pty Ltd [1996] IRCA 553

The respondent terminated the applicant's employment at its initiative without valid reason or notice, entitling the applicant to one week's pay in lieu of notice as compensation.

Parties
Applicant: Bradley Smith; Respondent: McIntyre Real Estate Pty Ltd
Jurisdiction
Australia
Judgment Date
15 November 1996
Procedural Posture
Application Under S170 EA for Unlawful Termination / Final Decision
Outcome
Application for compensation partially granted
Legal Topics
Unlawful Termination, Termination at the Initiative of Employer, Valid Reason for Termination, Notice Entitlement, Compensation for Lost Wages
Industrial Law Employment Law Unlawful Termination Termination at the Initiative of Employer Valid Reason for Termination Notice Entitlement Compensation for Lost Wages

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Parties

Bradley Smith

Applicant

McIntyre Real Estate Pty Ltd

Respondent

Procedural Posture

Application Under S170 EA for Unlawful Termination / Final Decision

Legal Issues

  1. 1 Was the termination at the initiative of the employer?
  2. 2 Did the respondent have a valid reason for terminating the employment?
  3. 3 Was notice given or payment in lieu of notice made?

Ratio Decidendi

The respondent terminated the applicant's employment at its initiative without valid reason or notice, entitling the applicant to one week's pay in lieu of notice as compensation.

Court Disposition

Application for compensation partially granted

Orders

  • Pursuant to Section 170EE(5) of the Industrial Relations Act 1988 the respondent pay to the applicant damages in the sum of $581.16.
  • The time for payment be 21 days from today's date.