Maher v Chinatown Photographics [1996] IRCA 665

Procedural Posture

Unlawful Termination of Employment / Reasons for Decision and Orders After Hearing

Legal Issues

1. 1 ["Whether Anne Maher's employment was unlawfully terminated for alleged dishonesty without a valid reason or an opportunity to respond." "Whether John Joseph Maher's employment was unlawfully terminated where he was not given an opportunity to answer allegations about his performance." 'Whether an alleged accord and satisfaction arising from settlement negotiations barred the claims.' 'What compensation should be awarded for the unlawful terminations.']

Ratio Decidendi

The employer failed to prove dishonesty or any valid reason for terminating Mrs Maher's services and did not give her an opportunity to answer the allegation of dishonesty. Mr Maher was also not given an opportunity to defend himself against the allegations made about him. The terminations were therefore unlawful, and compensation was ordered, with Mrs Maher's amount reduced by agreement to reflect the settlement issue without deciding accord and satisfaction.

Court Disposition

The terminations were held unlawful and compensation was ordered for both applicants, with no order as to costs.

Orders

• ['The respondent is to pay the first applicant, Anne Maher, the sum of $1,850.' 'The respondent is to pay the second applicant, John Joseph Maher, the sum of $900.' 'The amounts in (1) and (2) are to be paid within 28 days.' 'The respondent is to pay any tax that arises from the payment of the amounts in (1) and...