Gary Daw v AWU-FINE Amalgamated Union [1995] IRCA 66

Gary Daw v AWU-FINE Amalgamated Union [1995] IRCA 66

The termination contravened Division 3 of Part VIA of the Industrial Relations Act 1988 as procedural fairness was denied and proper notice or compensation was not given at the time of termination. Payments such as car usage and employer superannuation contributions did not bring applicant wages above the jurisdictional threshold; the court thus had jurisdiction. Compensation was awarded, taking into account actual severance payments made post-termination.

Parties
Applicant: Gary Daw; Respondent: AWU-Fine Amalgamated Union
Jurisdiction
Australia
Judgment Date
09 March 1995
Procedural Posture
Employment Termination Complaint / Final Judgment
Outcome
Declaration that termination contravened Division 3 of Part VIA, compensation awarded
Legal Topics
Unlawful Termination, Redundancy, Procedural Fairness, Jurisdictional Threshold, Wages Definition
Industrial Law Employment Law Unlawful Termination Redundancy Procedural Fairness Jurisdictional Threshold Wages Definition

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Parties

Gary Daw

Applicant

AWU-Fine Amalgamated Union

Respondent

Procedural Posture

Employment Termination Complaint / Final Judgment

Legal Issues

  1. 1 Whether the termination of employment contravened Division 3 of Part VIA of the Industrial Relations Act 1988
  2. 2 Whether relevant wages of the applicant exceeded $60,000 during 12 months before termination, removing jurisdiction
  3. 3 Whether the termination was harsh, unjust or unreasonable under s170DE

Ratio Decidendi

The termination contravened Division 3 of Part VIA of the Industrial Relations Act 1988 as procedural fairness was denied and proper notice or compensation was not given at the time of termination. Payments such as car usage and employer superannuation contributions did not bring applicant wages above the jurisdictional threshold; the court thus had jurisdiction. Compensation was awarded, taking into account actual severance payments made post-termination.

Court Disposition

Declaration that termination contravened Division 3 of Part VIA, compensation awarded

Orders

  • The termination of the employment of the Applicant did contravene Division 3 of Part VIA of the Industrial Relations Act 1988
  • The Respondent is to pay to the Applicant the sum of one thousand dollars