Carol Anne Kiel v H C Curwen-Walker [1994] IRCA 128

Carol Anne Kiel v H C Curwen-Walker [1994] IRCA 128

The termination of the applicant's employment was at the initiative of the respondent and not based on a valid reason connected with her capacity. The employer failed to demonstrate a want of capacity or misrepresentation at interview. The termination was harsh, unjust, or unreasonable under the Industrial Relations Act 1988. Compensation should be paid to the applicant.

Parties
Applicant: Carol Anne Kiel; Respondent: H C Curwen-Walker
Jurisdiction
Australia
Judgment Date
26 October 1994
Procedural Posture
Termination of Employment / Contract of Employment / Final Judgment and Orders
Outcome
Termination contravened Division 3 of Part VIA of the Industrial Relations Act 1988; orders for compensation to applicant; orders for applicant to pay witness expenses.
Legal Topics
Termination of Employment, Contract of Employment, Employee's Capacity, Misleading Employer, Constructive Dismissal, Compensation, Costs, Witness Expenses
Industrial Law Employment Law Termination of Employment Contract of Employment Employee's Capacity Misleading Employer Constructive Dismissal Compensation +2 more

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Parties

Carol Anne Kiel

Applicant

H C Curwen-Walker

Respondent

Procedural Posture

Termination of Employment / Contract of Employment / Final Judgment and Orders

Legal Issues

  1. 1 Whether the applicant's employment was terminated at the initiative of the employer
  2. 2 Whether termination of employment was harsh, unjust or unreasonable
  3. 3 Whether employer was misled as to employee's capacity to perform employment

Ratio Decidendi

The termination of the applicant's employment was at the initiative of the respondent and not based on a valid reason connected with her capacity. The employer failed to demonstrate a want of capacity or misrepresentation at interview. The termination was harsh, unjust, or unreasonable under the Industrial Relations Act 1988. Compensation should be paid to the applicant.

Court Disposition

Termination contravened Division 3 of Part VIA of the Industrial Relations Act 1988; orders for compensation to applicant; orders for applicant to pay witness expenses.

Orders

  • The termination of the employee's employment contravened Division 3 of Part VIA of the Industrial Relations Act 1988.
  • The respondent pay to the applicant compensation in the sum of $2,317.00 within 21 days of the date of this order.