Coveny v Davis & Spence Pty Ltd [2006] NSWIRComm 51
The alternative position offered to the applicant involved significant additional travel and a reduction in total earnings (including loss of vehicle and other entitlements), amounting to a different position and the termination of the Singleton position. The termination was therefore harsh, unreasonable and unjust, warranting an award of compensation.
- Jurisdiction
- Australia
- Judgment Date
- 20 February 2006
- Procedural Posture
- Application Re Unfair Dismissal / Decision Final
- Outcome
- Application upheld. Compensation awarded.
- Legal Topics
- ['unfair Dismissal' 'redundancy' 'alternative Employment' 'compensation']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application Re Unfair Dismissal / Decision Final
Legal Issues
- 1 ['Whether the applicant was unfairly dismissed as a result of redundancy and refusal of an alternative position' 'Whether the alternative position offered to the applicant constituted suitable alternative employment under the circumstances']
Ratio Decidendi
The alternative position offered to the applicant involved significant additional travel and a reduction in total earnings (including loss of vehicle and other entitlements), amounting to a different position and the termination of the Singleton position. The termination was therefore harsh, unreasonable and unjust, warranting an award of compensation.
Court Disposition
Application upheld. Compensation awarded.
Orders
- ['Pursuant to section 89(5) of the Industrial Relations Act 1996 Davis & Spence Pty Ltd is ordered to pay to Mr Darryl Christopher Wayne Coveny the amount of $25,000 within 21 days of the date of this Decision.']
Full Case Text
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