Eli John Paul v Oxenbury Pty Ltd [1995] IRCA 234
The respondent did not have a valid reason for terminating the applicant's employment; re-employment was impracticable because the respondent was no longer trading; and the applicant was entitled to compensation calculated as five weeks' remuneration at $640.77 per week, totalling $3,203.85.
Source-derived case information.
- Jurisdiction
- Australia
- Judgment Date
- 19 May 1995
- Procedural Posture
- Application Under Section 170 EA of the Act Seeking Compensation in Respect of Unlawful Termination / Hearing and Ex Tempore Reasons for Judgment
- Outcome
- Application allowed; compensation ordered.
- Legal Topics
- ['termination of Employment' 'no Valid Reason' 're Employment Impracticable' 'compensation']
Source-derived case record
Summary, issues, holding and outcome
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Procedural Posture
Application Under Section 170 EA of the Act Seeking Compensation in Respect of Unlawful Termination / Hearing and Ex Tempore Reasons for Judgment
Legal Issues
- 1 ["Whether the respondent had a valid reason for terminating the applicant's employment" 'Whether re-employment was practicable' 'What compensation should be ordered']
Ratio Decidendi
The respondent did not have a valid reason for terminating the applicant's employment; re-employment was impracticable because the respondent was no longer trading; and the applicant was entitled to compensation calculated as five weeks' remuneration at $640.77 per week, totalling $3,203.85.
Court Disposition
Application allowed; compensation ordered.
Orders
- ['The Respondent Oxenbury Pty Ltd pay to the Applicant the sum of $3,203.85 by way of compensation.']
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