Fanjo Biber v Japengines Pty Limited [1995] IRCA 702

Fanjo Biber v Japengines Pty Limited [1995] IRCA 702

There was a termination of the applicant's employment at the initiative of the employer (not a true resignation), contravening section 170DB(1) and 170DE(1) of the Industrial Relations Act 1988; thus, the applicant is entitled to payment in lieu of notice and compensation.

Jurisdiction
Australia
Judgment Date
03 October 1995
Procedural Posture
Unlawful Termination Application / Reasons for Judgment and Final Orders
Outcome
Termination at the initiative of the employer; orders for payment of compensation and payment in lieu of notice, reinstatement impracticable.
Legal Topics
['termination of Employment' 'unlawful Termination' 'constructive Dismissal' 'annual Leave Payment']
['industrial Law' 'employment Law'] ['termination of Employment' 'unlawful Termination' 'constructive Dismissal' 'annual Leave Payment']

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Procedural Posture

Unlawful Termination Application / Reasons for Judgment and Final Orders

Legal Issues

  1. 1 ["Whether the termination of the applicant's employment was at the initiative of the employer or a resignation" 'Whether there was a valid reason for the termination' 'Entitlement to compensation and payment in lieu of notice']

Ratio Decidendi

There was a termination of the applicant's employment at the initiative of the employer (not a true resignation), contravening section 170DB(1) and 170DE(1) of the Industrial Relations Act 1988; thus, the applicant is entitled to payment in lieu of notice and compensation.

Court Disposition

Termination at the initiative of the employer; orders for payment of compensation and payment in lieu of notice, reinstatement impracticable.

Orders

  • ['The respondent to pay to the applicant $2082.84 being for payment in lieu of notice.' 'The respondent to pay to the applicant compensation of $6248.52.' 'The amount in order (1) is to be paid within seven days of the order.' 'The amount in order (2) is to be paid within 21 days of the order.' 'Exhibits may be...