Kirwin v BarterCorp Management Pty Ltd [2002] NSWIRComm 149

The Commission found that Ms Kirwin's employment was terminated without notice or consultation following the office closure and redundancy. It was established that business transmission occurred, transmitting rights and obligations. The failure to provide notice or consult rendered the dismissal harsh, unreasonable,...

Source-derived case information.

Jurisdiction: Australia
Judgment Date: 04 July 2002
Procedural Posture: Application for Unfair Dismissal / Judgment/decision
Outcome: Application upheld. Dismissal found to be harsh, unreasonable, and unjust. Compensation awarded; reinstatement impractical.
Legal Topics: ['unfair Dismissal' 'redundancy' 'employment Contract' 'compensation']

['employment Law' 'industrial Relations'] ['unfair Dismissal' 'redundancy' 'employment Contract' 'compensation']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application for Unfair Dismissal / Judgment/decision

Legal Issues

1 ['Whether the applicant was unfairly dismissed' 'Whether the termination was harsh, unreasonable and unjust' 'Whether there was compliance with the contract of employment regarding notice' 'Whether reinstatement or compensation is appropriate']

Ratio Decidendi

Court Disposition

Application upheld. Dismissal found to be harsh, unreasonable, and unjust. Compensation awarded; reinstatement impractical.

Orders

['BarterCorp Management Pty Ltd is to pay the amount of $9,048.00 to Ms Christina Maree Kirwin within 21 days of the date of this decision.']

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