Edward Alphonsus Kenny and John Henry See [1995] IRCA 23

The respondent failed to prove any valid grounds for termination; the termination contravened s.170DE(1) and lacked procedural and substantive fairness.

Parties: Applicant: Edward Alphonsus Kenny; Respondent: John Henry See
Jurisdiction: Australia
Judgment Date: 03 February 1995
Procedural Posture: Employment Dispute / Judgment
Outcome: Application allowed
Legal Topics: Unfair Dismissal, Termination of Employment, Compensation

Employment Law Unfair Dismissal Termination of Employment Compensation

Case Brief

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Parties

Edward Alphonsus Kenny

Applicant

John Henry See

Respondent

Procedural Posture

Employment Dispute / Judgment

Legal Issues

1 Whether the termination of employment had a valid reason under s.170DE(1) of the Industrial Relations Act 1988
2 Whether procedural and substantive fairness were accorded to the applicant
3 Appropriate quantum of compensation

Ratio Decidendi

The respondent failed to prove any valid grounds for termination; the termination contravened s.170DE(1) and lacked procedural and substantive fairness.

Court Disposition

Application allowed

Orders

The application is allowed.
The respondent to pay the applicant the sum of $12,000.00 within 21 days of the date of these orders.