Brett John Francis and Reclaim Resources [1994] IRCA 166

Brett John Francis and Reclaim Resources [1994] IRCA 166

The employer's requirement that the applicant work at least 16 hours, communicated only after he had already worked 12 hours, was both unlawful and unreasonable. Termination under these circumstances was substantively and procedurally unfair, warranting reinstatement and compensation for lost remuneration.

Jurisdiction
Australia
Judgment Date
17 November 1994
Procedural Posture
Industrial/employment Dispute / Judgment After Hearing
Outcome
Application allowed; reinstatement and compensation ordered.
Legal Topics
['termination of Employment' 'reinstatement' 'unlawful and Unreasonable Instruction' 'procedural Unfairness']
['industrial Law'] ['termination of Employment' 'reinstatement' 'unlawful and Unreasonable Instruction' 'procedural Unfairness']

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Procedural Posture

Industrial/employment Dispute / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the instruction to return to Wongan Hills was lawful and reasonable' 'Whether the termination of employment was harsh, unjust, or unreasonable' 'Whether reinstatement was practicable']

Ratio Decidendi

The employer's requirement that the applicant work at least 16 hours, communicated only after he had already worked 12 hours, was both unlawful and unreasonable. Termination under these circumstances was substantively and procedurally unfair, warranting reinstatement and compensation for lost remuneration.

Court Disposition

Application allowed; reinstatement and compensation ordered.

Orders

  • ["The termination of the applicant's employment by the respondent contravened Division 3 of Part VIA of the Industrial Relations Act 1988." 'The applicant be reinstated to his former position as from 21 November 1994.' 'The respondent to pay the applicant the remuneration lost by the applicant because of the...