Lang v Dimmeys Stores Pty Ltd [1996] IRCA 614

Lang v Dimmeys Stores Pty Ltd [1996] IRCA 614

Although the applicant's position became redundant because a new advertising manager position was created and some of her functions were merged or redistributed, the respondent failed to prove a valid reason for selecting her for termination because it did not establish or apply objective selection criteria and...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 December 1996
Procedural Posture
Claim for Compensation for Termination of Employment and Damages for Wrongful Dismissal / Reasons for Judgment and Minutes of Orders After Hearing
Outcome
Application allowed in part; declarations made and compensation ordered.
Legal Topics
['termination of Employment' 'redundancy' 'operational Requirements' 'valid Reason' 'selection Criteria' 'reasonable Notice' 'compensation in Lieu of Notice']
['industrial Law' 'employment Law' 'contract Law'] ['termination of Employment' 'redundancy' 'operational Requirements' 'valid Reason' 'selection Criteria' 'reasonable Notice' 'compensation in Lieu of Notice']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Claim for Compensation for Termination of Employment and Damages for Wrongful Dismissal / Reasons for Judgment and Minutes of Orders After Hearing

Legal Issues

  1. 1 ["Whether the termination of the applicant's employment was a redundancy based on the respondent's operational requirements." 'Whether the respondent had a valid reason for selecting the applicant for termination, including whether objective selection criteria were applied.' 'Whether the respondent contravened section 170DB of the Workplace Relations Act 1996 by failing to pay compensation in lieu of notice.' 'Whether the termination breached an implied term of the employment contract requiring reasonable notice.' 'What compensation or damages should be awarded.']

Ratio Decidendi

Although the applicant's position became redundant because a new advertising manager position was created and some of her functions were merged or redistributed, the respondent failed to prove a valid reason for selecting her for termination because it did not establish or apply objective selection criteria and selected the employee known to management before properly considering the applicant's skills. The respondent also conceded it failed to pay compensation in lieu of notice under section 170DB. The termination therefore contravened Division III Part VIA of the Workplace Relations Act 1996 and breached the implied contractual term requiring reasonable notice, but compensation...

Court Disposition

Application allowed in part; declarations made and compensation ordered.

Orders

  • ["The termination of the applicant's employment by the respondent on 30 May 1996 contravened Division III Part VIA of the Workplace Relations Act 1996." "The termination of the applicant's employment by the respondent on 30 May 1996 breached an implied term in the contract of employment not to terminate the...