MCGEEHAN -v- HAZELTON AIR SERVICES PTY LTD [1997] IRCA 118

MCGEEHAN -v- HAZELTON AIR SERVICES PTY LTD [1997] IRCA 118

On the balance of probabilities, the respondent did not have a valid reason for terminating the applicant as there was no evidential breach of aviation regulations or operations manual; the respondent contravened procedural fairness duties by failing to afford the applicant a meaningful opportunity to respond to allegations before official investigation completion; reinstatement is not impracticable provided applicant consents to alcohol and drug monitoring and attends counselling.

Jurisdiction
Australia
Judgment Date
09 April 1997
Procedural Posture
Unlawful Termination Application / Judgment After Full Hearing
Outcome
Application upheld; orders for reinstatement and compensation issued
Legal Topics
['unlawful Termination' 'reinstatement' 'alcohol and Drug Use in Aviation' 'procedural Fairness' 'compensation' 'fitness for Duty' 'breaches of Operations Manual']
['industrial Law' 'employment Law'] ['unlawful Termination' 'reinstatement' 'alcohol and Drug Use in Aviation' 'procedural Fairness' 'compensation' 'fitness for Duty' 'breaches of Operations Manual']

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Procedural Posture

Unlawful Termination Application / Judgment After Full Hearing

Legal Issues

  1. 1 ['Whether the respondent had a valid reason for termination under Workplace Relations Act 1996 s 170DE' 'Whether the respondent contravened s 170DC (employee opportunity to respond to allegation)' 'Whether reinstatement is impracticable under s 170EE' 'Breach of airlines operations manual and aviation regulations' 'Compensation for lost remuneration']

Ratio Decidendi

On the balance of probabilities, the respondent did not have a valid reason for terminating the applicant as there was no evidential breach of aviation regulations or operations manual; the respondent contravened procedural fairness duties by failing to afford the applicant a meaningful opportunity to respond to allegations before official investigation completion; reinstatement is not impracticable provided applicant consents to alcohol and drug monitoring and attends counselling.

Court Disposition

Application upheld; orders for reinstatement and compensation issued

Orders

  • ['Respondent did not have valid reason for termination.' 'Respondent contravened s 170DC.' 'Applicant to be reinstated to former position subject to agreement for alcohol/drug monitoring and counselling.' 'Reinstatement on same terms as at termination, treated as continuous employment.' 'Remuneration lost from 13...