Lloyd v R J Gilbertson (Qld) Pty Ltd [1996] IRCA 252

Lloyd v R J Gilbertson (Qld) Pty Ltd [1996] IRCA 252

The applicant's termination was contrary to the requirements of the Industrial Relations Act 1988 (Cth) and the employment contract, as reasonable notice and procedural fairness (including warnings and consultation) were not provided. The maximum statutory compensation was awarded; damages for psychiatric injury not available under accrued jurisdiction.

Jurisdiction
Australia
Judgment Date
14 June 1996
Procedural Posture
Termination of Employment Claim Under Industrial Relations Act 1988 (cth) and Breach of Contract (accrued Jurisdiction) / Final Judgment and Orders
Outcome
Applicant awarded compensation; claim for damages in accrued jurisdiction declined.
Legal Topics
['termination of Employment' 'unlawful Termination' 'redundancy' 'procedural Fairness' 'breach of Contract' 'implied Terms' 'compensation' 'psychiatric Injury']
['industrial Law' 'employment Law'] ['termination of Employment' 'unlawful Termination' 'redundancy' 'procedural Fairness' 'breach of Contract' 'implied Terms' 'compensation' 'psychiatric Injury']

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Procedural Posture

Termination of Employment Claim Under Industrial Relations Act 1988 (cth) and Breach of Contract (accrued Jurisdiction) / Final Judgment and Orders

Legal Issues

  1. 1 ["Whether the termination of the applicant's employment was harsh, unjust or unreasonable under the Industrial Relations Act 1988 (Cth)" 'Whether reasonable notice of termination was given' 'Whether the respondent breached the contract of employment' 'Whether damages for psychiatric injury should or could be awarded under accrued jurisdiction']

Ratio Decidendi

The applicant's termination was contrary to the requirements of the Industrial Relations Act 1988 (Cth) and the employment contract, as reasonable notice and procedural fairness (including warnings and consultation) were not provided. The maximum statutory compensation was awarded; damages for psychiatric injury not available under accrued jurisdiction.

Court Disposition

Applicant awarded compensation; claim for damages in accrued jurisdiction declined.

Orders

  • ['Compensation in the amount of $26,650 to be paid to applicant' 'Sum to be paid into Court within 28 days' 'Interest of 10% per annum on that amount from 22 March 1995, also to be paid into Court' 'Sum and interest to be paid out to applicant']