Cheryl Lang and Snow White Child Care Centre [1995] IRCA 2

Cheryl Lang and Snow White Child Care Centre [1995] IRCA 2

The Applicant was dismissed unlawfully, as the allegations of serious misconduct were not substantiated, the employer failed to ensure procedural fairness, and the true reason for dismissal related to union activity, contravening the Industrial Relations Act.

Jurisdiction
Australia
Judgment Date
09 January 1995
Procedural Posture
Application Under Section 170 EA of the Industrial Relations Act 1988 / Judgment
Outcome
Application allowed. Allegations against the Applicant dismissed. Employer ordered to pay compensation.
Legal Topics
['unlawful Termination' 'procedural Fairness' 'union Activity' 'serious Misconduct' 'employment Compensation']
['industrial Relations' 'employment Law'] ['unlawful Termination' 'procedural Fairness' 'union Activity' 'serious Misconduct' 'employment Compensation']

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Procedural Posture

Application Under Section 170 EA of the Industrial Relations Act 1988 / Judgment

Legal Issues

  1. 1 ['Whether the termination of employment was unlawful under the Industrial Relations Act 1988' 'Whether the Applicant was afforded procedural fairness' "Whether the Applicant's union activity contributed to her dismissal" 'Whether allegations of serious misconduct (physical abuse) were substantiated']

Ratio Decidendi

The Applicant was dismissed unlawfully, as the allegations of serious misconduct were not substantiated, the employer failed to ensure procedural fairness, and the true reason for dismissal related to union activity, contravening the Industrial Relations Act.

Court Disposition

Application allowed. Allegations against the Applicant dismissed. Employer ordered to pay compensation.

Orders

  • ['The allegations against the Applicant are dismissed.' 'The Respondent to pay to the Applicant the sum of $6000 within one month of the date of these proceedings.']