Pritchard, Gemma Narelle v Sucata Pty Ltd & Anor [1997] FCA 1296

Pritchard, Gemma Narelle v Sucata Pty Ltd & Anor [1997] FCA 1296

The applicant had not abandoned her employment; she returned to work on 27 May 1996 and the first respondent, through Mr Hastings, insisted on her immediate departure without justification. That conduct breached s 170DE(1) of the Industrial Relations Act and the contractual requirement to give six months' notice, entitling the applicant to damages and additional statutory compensation without duplication. The cross-claim failed because any liability resulted from Mr Hastings' insistence that the applicant be ejected from the motel.

Jurisdiction
Australia
Judgment Date
23 October 1997
Procedural Posture
Employment Termination and Breach of Contract Claim With Cross Claim / Extempore Reasons on Hearing; Judicial Registrar's Orders Confirmed Subject to Amendments and Costs Reserved
Outcome
Judicial Registrar's orders confirmed subject to amendments; applicant awarded amended damages and compensation; cross-claim rejected; costs reserved.
Legal Topics
['termination of Employment' 'abandonment of Employment' 'notice of Termination' 'compensation' 'breach of Contract' 'cross Claim for Indemnification']
['employment Law' 'industrial Relations' 'contract Law'] ['termination of Employment' 'abandonment of Employment' 'notice of Termination' 'compensation' 'breach of Contract' 'cross Claim for Indemnification']

Case Brief

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Procedural Posture

Employment Termination and Breach of Contract Claim With Cross Claim / Extempore Reasons on Hearing; Judicial Registrar's Orders Confirmed Subject to Amendments and Costs Reserved

Legal Issues

  1. 1 ['Whether the applicant abandoned her employment before 27 May 1996.' "Whether the first respondent terminated the applicant's employment in breach of s 170DE(1) of the Industrial Relations Act." "Whether the applicant was entitled to six months' salary in lieu of notice under the contract." 'Whether compensation under s 170EE of the Workplace Relations Act 1996 should be awarded in addition to damages for breach of contract.' 'Whether the cross-claim against the cross respondent should succeed.']

Ratio Decidendi

The applicant had not abandoned her employment; she returned to work on 27 May 1996 and the first respondent, through Mr Hastings, insisted on her immediate departure without justification. That conduct breached s 170DE(1) of the Industrial Relations Act and the contractual requirement to give six months' notice, entitling the applicant to damages and additional statutory compensation without duplication. The cross-claim failed because any liability resulted from Mr Hastings' insistence that the applicant be ejected from the motel.

Court Disposition

Judicial Registrar's orders confirmed subject to amendments; applicant awarded amended damages and compensation; cross-claim rejected; costs reserved.

Orders

  • ["Substitute $17,873 for $15,542 in order (2) of the Judicial Registrar's orders." 'Substitute $7,840 for $7,750 in order (3).' "Interest on the sums as assessed runs from 23 October 1997, not from the date of the Judicial Registrar's orders." 'The requirement of payment within 21 days is retained, with the 21 day...