Eric Bengtsson & AMU-FIME Amalgamated Union and Spikles Pty Ltd [1995] IRCA 667

Eric Bengtsson & AMU-FIME Amalgamated Union and Spikles Pty Ltd [1995] IRCA 667

The respondent terminated the applicant's employment without valid reason, warning, or counselling and breached provisions of the Industrial Relations Act; reinstatement is impracticable, compensation and outstanding wages are owed.

Jurisdiction
Australia
Judgment Date
11 December 1995
Procedural Posture
Industrial Relations Claim / Final Judgment
Outcome
Application granted in part; reinstatement refused; compensation and outstanding wages awarded.
Legal Topics
['termination of Employment' 'compensation' 'industrial Relations Act']
['industrial Law'] ['termination of Employment' 'compensation' 'industrial Relations Act']

Case Brief

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Procedural Posture

Industrial Relations Claim / Final Judgment

Legal Issues

  1. 1 ["Whether the respondent unlawfully terminated the applicant's employment" 'Whether the applicant is entitled to compensation and outstanding wages']

Ratio Decidendi

The respondent terminated the applicant's employment without valid reason, warning, or counselling and breached provisions of the Industrial Relations Act; reinstatement is impracticable, compensation and outstanding wages are owed.

Court Disposition

Application granted in part; reinstatement refused; compensation and outstanding wages awarded.

Orders

  • ['Respondent to pay applicant $1275.84 within 28 days.' 'Respondent to pay applicant an additional two weeks salary, totaling $2251.84 within 28 days.']