Cansever Yegen and Defab Weavers Pty Ltd [1994] IRCA 60

Cansever Yegen and Defab Weavers Pty Ltd [1994] IRCA 60

The actions of the respondent amounted to an unlawful termination as the respondent terminated the applicant's employment without a valid reason, the termination was harsh and unjust, and the required period of notice was not given.

Jurisdiction
Australia
Judgment Date
13 October 1994
Procedural Posture
Industrial Relations/unlawful Termination Application / Judgment and Final Orders
Outcome
Judgment for the applicant with compensation awarded
Legal Topics
['unlawful Termination' 'compensation' 'separation Certificate']
['industrial Law' 'employment Law'] ['unlawful Termination' 'compensation' 'separation Certificate']

Case Brief

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Procedural Posture

Industrial Relations/unlawful Termination Application / Judgment and Final Orders

Legal Issues

  1. 1 ['Whether the applicant was unlawfully terminated contrary to Division 3 of Part VIA of the Industrial Relations Act 1988' 'Whether the termination was harsh, unjust or unreasonable under s 170 DE' 'Whether the required period of notice was provided under s 170 DB']

Ratio Decidendi

The actions of the respondent amounted to an unlawful termination as the respondent terminated the applicant's employment without a valid reason, the termination was harsh and unjust, and the required period of notice was not given.

Court Disposition

Judgment for the applicant with compensation awarded

Orders

  • ['The respondent is to pay the applicant $6,000.00 within one month of the date of judgment.' 'The respondent is to forward a separation certificate to the applicant within 14 days of the date of judgment.']