Thomas v Jenny Pullen t/as Lighthouse Child Care Centre [2001] NSWIRComm 152

Thomas v Jenny Pullen t/as Lighthouse Child Care Centre [2001] NSWIRComm 152

The evidence established that the respondent was dissatisfied with the applicant’s conduct and properly raised performance issues; there was no evidence the union’s pay claim influenced dismissal; reasons for termination were provided and applicant had opportunity to respond; thus, the termination was not harsh, unreasonable or unjust.

Parties
Applicant: Denise Thomas; Respondent: Jenny Pullen trading as Lighthouse Child Care Centre
Jurisdiction
Australia
Judgment Date
10 July 2001
Procedural Posture
Application for Relief From Unfair Dismissal / Decision on Arbitration
Outcome
Application for relief from unfair dismissal refused
Legal Topics
Unfair Dismissal, Employment Termination, Industrial Relations Act 1996, Arbitration in Industrial Disputes
Industrial Law Unfair Dismissal Employment Termination Industrial Relations Act 1996 Arbitration in Industrial Disputes

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Parties

Denise Thomas

Applicant

Jenny Pullen trading as Lighthouse Child Care Centre

Respondent

Procedural Posture

Application for Relief From Unfair Dismissal / Decision on Arbitration

Legal Issues

  1. 1 Whether applicant was unfairly dismissed under s84 Industrial Relations Act 1996
  2. 2 Whether requirements of s88 of the Act were satisfied in relation to reason for dismissal and opportunity to respond

Ratio Decidendi

The evidence established that the respondent was dissatisfied with the applicant’s conduct and properly raised performance issues; there was no evidence the union’s pay claim influenced dismissal; reasons for termination were provided and applicant had opportunity to respond; thus, the termination was not harsh, unreasonable or unjust.

Court Disposition

Application for relief from unfair dismissal refused

Orders

  • By consent, respondent to pay applicant $1,148.07 for rostered days off and underpaid hourly rates within 28 days
  • By consent, respondent to pay to the relevant superannuation fund or state body such sums as may be due in respect to any superannuation entitlement due to the applicant and file required documents within 28 days