David John Perrin v Des Taylor Pty Ltd [1995] IRCA 78

David John Perrin v Des Taylor Pty Ltd [1995] IRCA 78

The respondent contravened s170DC because the decision to terminate the applicant's employment was prompted at least in part by views about his performance after returning from leave, including customer complaints and lack of motivation, yet those matters were not raised with him before the decision to terminate or before termination. The applicant therefore lost the opportunity to answer the allegations or persuade the respondent not to dismiss him. Compensation of $9,500 was appropriate because the contravention caused the applicant to lose employment he might have retained for some period, while allowing for the possibility that he could later have been lawfully dismissed for...

Jurisdiction
Australia
Judgment Date
10 March 1995
Procedural Posture
Application Under S170 EA of the Industrial Relations Act 1988 Concerning Termination of Employment / Review Under S377 of the Industrial Relations Act 1988 of the Exercise of a Power of a Judicial Registrar, Treated as a Hearing De Novo
Outcome
The Court declared that the termination contravened s170DC of the Industrial Relations Act 1988 and ordered the respondent to pay the applicant $9,500 compensation.
Legal Topics
['termination of Employment' 'contravention of S170 Dc' 'opportunity to Defend Against Allegations' 'compensation']
['industrial Law' 'employment Law'] ['termination of Employment' 'contravention of S170 Dc' 'opportunity to Defend Against Allegations' 'compensation']

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Procedural Posture

Application Under S170 EA of the Industrial Relations Act 1988 Concerning Termination of Employment / Review Under S377 of the Industrial Relations Act 1988 of the Exercise of a Power of a Judicial Registrar, Treated as a Hearing De Novo

Legal Issues

  1. 1 ["Whether the respondent terminated the applicant's employment for reasons related to conduct or performance without giving him an opportunity to defend himself against the allegations, contrary to s170DC of the Industrial Relations Act 1988." 'Whether the termination also contravened s170DE(1) of the Industrial Relations Act 1988.' 'What compensation should be awarded for the contravention of s170DC.']

Ratio Decidendi

The respondent contravened s170DC because the decision to terminate the applicant's employment was prompted at least in part by views about his performance after returning from leave, including customer complaints and lack of motivation, yet those matters were not raised with him before the decision to terminate or before termination. The applicant therefore lost the opportunity to answer the allegations or persuade the respondent not to dismiss him. Compensation of $9,500 was appropriate because the contravention caused the applicant to lose employment he might have retained for some period, while allowing for the possibility that he could later have been lawfully dismissed for...

Court Disposition

The Court declared that the termination contravened s170DC of the Industrial Relations Act 1988 and ordered the respondent to pay the applicant $9,500 compensation.

Orders

  • ["Declares that the termination of the applicant's employment contravened s170DC of the Act." 'Orders the respondent to pay the applicant $9,500 compensation.']