Targett v National Casting [1996] IRCA 195

Targett v National Casting [1996] IRCA 195

The Applicant, on his own admission, was very intoxicated at a work sponsored Christmas function, attempted to strike another employee, returned after being asked to leave, and threw punches at the General Manager. That conduct constituted a valid reason for termination under S170DE(1) of the Industrial Relations Act 1988. The procedural complaints were rejected because the notice of the meeting was adequate, the Applicant was not told there was no risk of dismissal, and he had adequate notice and opportunity to have a witness or representative. The termination was therefore not harsh, unjust or unreasonable.

Jurisdiction
Australia
Judgment Date
29 April 1996
Procedural Posture
Unlawful Termination of Employment Application / Reasons for Judgment (ex Tempore) and Orders
Outcome
Application dismissed.
Legal Topics
['termination of Employment' 'misconduct' 'valid Reason for Termination' 'procedural Fairness in Disciplinary Meeting' 'work Sponsored Christmas Function']
['industrial Law' 'employment Law'] ['termination of Employment' 'misconduct' 'valid Reason for Termination' 'procedural Fairness in Disciplinary Meeting' 'work Sponsored Christmas Function']

Case Brief

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Procedural Posture

Unlawful Termination of Employment Application / Reasons for Judgment (ex Tempore) and Orders

Legal Issues

  1. 1 ["Whether the Applicant's conduct at the Respondent's Christmas function constituted a valid reason for termination under S170DE(1) of the Industrial Relations Act 1988." 'Whether the termination was harsh, unjust or unreasonable on procedural grounds concerning notice of the disciplinary meeting, warning of possible dismissal, impression that an apology would avoid dismissal, and access to representation.' 'Whether the fact that the conduct occurred outside the workplace mitigated the misconduct.' "Whether the Respondent was required to take steps to prevent the Applicant's over-consumption of alcohol because of alleged knowledge of vulnerability to alcohol."]

Ratio Decidendi

The Applicant, on his own admission, was very intoxicated at a work sponsored Christmas function, attempted to strike another employee, returned after being asked to leave, and threw punches at the General Manager. That conduct constituted a valid reason for termination under S170DE(1) of the Industrial Relations Act 1988. The procedural complaints were rejected because the notice of the meeting was adequate, the Applicant was not told there was no risk of dismissal, and he had adequate notice and opportunity to have a witness or representative. The termination was therefore not harsh, unjust or unreasonable.

Court Disposition

Application dismissed.

Orders

  • ['That the application be dismissed.']