Julien v Pilkington (Aust) Ltd [1996] IRCA 155

Julien v Pilkington (Aust) Ltd [1996] IRCA 155

While the Applicant's conduct was unacceptable and could constitute a valid reason for termination, the Respondent did not consider less severe disciplinary options, and the Applicant was not warned his job was in jeopardy. The termination was therefore harsh and unreasonable under s.170DE(2) of the Industrial Relations Act 1988, and reinstatement was ordered as it was not impracticable.

Jurisdiction
Australia
Judgment Date
12 April 1996
Procedural Posture
Unlawful Termination of Employment / Final Judgment and Orders
Outcome
Termination found harsh and unreasonable; Applicant ordered to be reinstated
Legal Topics
['termination of Employment' 'reinstatement' 'harsh, Unjust or Unreasonable Dismissal']
['industrial Law'] ['termination of Employment' 'reinstatement' 'harsh, Unjust or Unreasonable Dismissal']

Case Brief

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Unlawful Termination of Employment / Final Judgment and Orders

Legal Issues

  1. 1 ["Whether the termination of the Applicant's employment was harsh, unjust or unreasonable under s.170DE(2) of the Industrial Relations Act 1988" "Whether applicant's conduct warranted summary dismissal" 'Remedy for unlawful termination']

Ratio Decidendi

While the Applicant's conduct was unacceptable and could constitute a valid reason for termination, the Respondent did not consider less severe disciplinary options, and the Applicant was not warned his job was in jeopardy. The termination was therefore harsh and unreasonable under s.170DE(2) of the Industrial Relations Act 1988, and reinstatement was ordered as it was not impracticable.

Court Disposition

Termination found harsh and unreasonable; Applicant ordered to be reinstated

Orders

  • ['Respondent to reinstate Applicant by appointing him to another position on no less favourable terms, not involving the same shift/team as Mrs Danfield' "Respondent to maintain continuity of Applicant's employment from date of termination to date of re-employment" 'Respondent to pay Applicant remuneration lost due...