Plummer v Stannard Bros Launch Service Pty Limited [2005] NSWIRComm 301

Plummer v Stannard Bros Launch Service Pty Limited [2005] NSWIRComm 301

The Commissioner erred in not making an explicit finding on the impracticability of reinstatement and failing to give reasons; this was a technical error but the overall finding that reinstatement was impracticable was supported. The compensation awarded was inadequate given the circumstances, and an increase was...

Source-derived case information.

Parties
Appellant: Christopher Dean Plummer; Respondent: Stannard Bros Launch Service Pty Limited
Jurisdiction
Australia
Judgment Date
29 August 2005
Procedural Posture
Appeal / Decision on Appeal and Leave to Appeal
Outcome
Appeal upheld in part
Legal Topics
Unfair Dismissal, Reinstatement, Compensation, Practicability of Reinstatement, Appeal Procedure
Industrial Law Unfair Dismissal Reinstatement Compensation Practicability of Reinstatement Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Christopher Dean Plummer

Appellant

Stannard Bros Launch Service Pty Limited

Respondent

Procedural Posture

Appeal / Decision on Appeal and Leave to Appeal

Legal Issues

  1. 1 Whether failure at first instance to make a finding regarding impracticability of reinstatement warranted granting leave to appeal
  2. 2 Whether Commissioner erred in ordering compensation instead of reinstatement without appropriate findings
  3. 3 Whether amount of compensation awarded was appropriate

Ratio Decidendi

The Commissioner erred in not making an explicit finding on the impracticability of reinstatement and failing to give reasons; this was a technical error but the overall finding that reinstatement was impracticable was supported. The compensation awarded was inadequate given the circumstances, and an increase was warranted.

Court Disposition

Appeal upheld in part

Orders

  • Leave to appeal is granted.
  • The appeal is upheld to the extent determined by the decision.