Eli John Paul v Oxenbury Pty Ltd [1995] IRCA 234

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']
['industrial Law'] ['termination of Employment' 'no Valid Reason' 're Employment Impracticable' 'compensation']

Source-derived case record

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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

  1. 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.']