Franka Mastrangioli v Mellow Banner Pty Ltd [1995] IRCA 260

Franka Mastrangioli v Mellow Banner Pty Ltd [1995] IRCA 260

The respondent failed to prove that the contract of employment was subject to a probationary period determined in advance. No misrepresentation by the applicant was established. The termination was procedurally unfair, harsh, unjust, and unreasonable, contravening sections 170 DC and 170 DE(2) of the Industrial Relations Act 1988. The applicant is entitled to compensation and damages in lieu of notice.

Jurisdiction
Australia
Judgment Date
19 June 1995
Procedural Posture
Industrial Relations Unlawful Termination Application / Judgment After Hearing
Outcome
Application upheld. Orders made for compensation and statutory damages in favour of the applicant.
Legal Topics
['termination of Employment' 'unlawful Termination' 'probationary Employment' 'employment Misrepresentation']
['industrial Law'] ['termination of Employment' 'unlawful Termination' 'probationary Employment' 'employment Misrepresentation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Industrial Relations Unlawful Termination Application / Judgment After Hearing

Legal Issues

  1. 1 ["Whether the applicant's employment was subject to a probationary period excluding her from the Act's protections" 'Whether the applicant misrepresented her competence or experience justifying dismissal' 'Whether the termination breached relevant provisions of the Industrial Relations Act 1988']

Ratio Decidendi

The respondent failed to prove that the contract of employment was subject to a probationary period determined in advance. No misrepresentation by the applicant was established. The termination was procedurally unfair, harsh, unjust, and unreasonable, contravening sections 170 DC and 170 DE(2) of the Industrial Relations Act 1988. The applicant is entitled to compensation and damages in lieu of notice.

Court Disposition

Application upheld. Orders made for compensation and statutory damages in favour of the applicant.

Orders

  • ['Within 14 days, the respondent is to pay the applicant compensation of $1,500.' 'Within 14 days, the respondent is to pay the applicant damages pursuant to s170 EE(5) of the Industrial Relations Act 1988 in the sum of $392.40.']