Ewen Gordon-Walker v Dependable Security Services Pty Ltd [1995] IRCA 496

Ewen Gordon-Walker v Dependable Security Services Pty Ltd [1995] IRCA 496

The Respondent breached ss.170DC and 170DE(1) of the Industrial Relations Act by terminating the Applicant's employment without valid reason and without affording procedural fairness, as the conduct relied on was not previously characterised as warranting dismissal and the Applicant was not provided opportunity to respond.

Parties
Applicant: Ewen Gordon-Walker; Respondent: Dependable Security Services Pty Ltd
Jurisdiction
Australia
Judgment Date
21 September 1995
Procedural Posture
Industrial Law Termination of Employment Application / Judgment on Preliminary and Substantive Issues; Adjourned for Mention to Calculate Compensation
Outcome
Declaration of statutory breaches; adjournment to calculate compensation; reinstatement not ordered due to impracticability; compensation to be assessed by reference to comparable employee wages
Legal Topics
Termination of Employment, Unlawful Termination, Procedural Fairness, Notice of Termination, Valid Reason, Harsh, Unjust or Unreasonable Termination, Remedy, Compensation
Industrial Law Termination of Employment Unlawful Termination Procedural Fairness Notice of Termination Valid Reason Harsh, Unjust or Unreasonable Termination Remedy +1 more

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Parties

Ewen Gordon-Walker

Applicant

Dependable Security Services Pty Ltd

Respondent

Procedural Posture

Industrial Law Termination of Employment Application / Judgment on Preliminary and Substantive Issues; Adjourned for Mention to Calculate Compensation

Legal Issues

  1. 1 Whether written notice of termination was given as required by s.170EA(3) of the Industrial Relations Act
  2. 2 Whether Respondent had a valid reason for terminating Applicant's employment under s.170DE(1)
  3. 3 Whether termination was harsh, unjust or unreasonable (s.170DE(2))

Ratio Decidendi

The Respondent breached ss.170DC and 170DE(1) of the Industrial Relations Act by terminating the Applicant's employment without valid reason and without affording procedural fairness, as the conduct relied on was not previously characterised as warranting dismissal and the Applicant was not provided opportunity to respond.

Court Disposition

Declaration of statutory breaches; adjournment to calculate compensation; reinstatement not ordered due to impracticability; compensation to be assessed by reference to comparable employee wages

Orders

  • Declaration that Respondent breached ss.170DC and 170DE(1) of the Industrial Relations Act
  • Matter adjourned for Mention for parties to calculate amount of remuneration lost by Applicant in accordance with Court's reasons