Pritchard, Gemma Narelle v Sucata Pty Ltd & Anor [1997] FCA 1297

Pritchard, Gemma Narelle v Sucata Pty Ltd & Anor [1997] FCA 1297

Ms Pritchard's employment was terminated in contravention of s 170DE(1) of the Workplace Relations Act 1996 and Sucata Pty Limited was liable for breach of contract and compensation. Costs cannot be ordered in respect of claims arising under the Act due to s 347(1), but do not bar costs on the cross-claim by Sucata as it arose outside the Act; the cross-claim was dismissed and Sucata ordered to pay Rumble's costs.

Parties
Applicant: Gemma Narelle Pritchard; First Respondent: Sucata Pty Limited; Cross Respondent: Roger Barry Rumble
Jurisdiction
Australia
Judgment Date
27 November 1997
Procedural Posture
Employment / Judgment and Costs Order
Outcome
Applicant's claim upheld, cross-claim dismissed, costs awarded to Roger Barry Rumble
Legal Topics
Unlawful Termination, Breach of Contract, Costs Workplace Relations Act, Cross Claims
Employment Law Unlawful Termination Breach of Contract Costs Workplace Relations Act Cross Claims

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Parties

Gemma Narelle Pritchard

Applicant

Sucata Pty Limited

First Respondent

Roger Barry Rumble

Cross Respondent

Procedural Posture

Employment / Judgment and Costs Order

Legal Issues

  1. 1 Was the applicant's employment terminated unlawfully under s 170DE(1) of the Workplace Relations Act 1996?
  2. 2 Is breach of contract established against Sucata Pty Limited?
  3. 3 Does s 347(1) of the Workplace Relations Act 1996 bar an order for costs on the breach of contract and cross-claim matters?

Ratio Decidendi

Ms Pritchard's employment was terminated in contravention of s 170DE(1) of the Workplace Relations Act 1996 and Sucata Pty Limited was liable for breach of contract and compensation. Costs cannot be ordered in respect of claims arising under the Act due to s 347(1), but do not bar costs on the cross-claim by Sucata as it arose outside the Act; the cross-claim was dismissed and Sucata ordered to pay Rumble's costs.

Court Disposition

Applicant's claim upheld, cross-claim dismissed, costs awarded to Roger Barry Rumble

Orders

  • Declaration that Sucata Pty Limited terminated the employment of Gemma Narelle Pritchard in contravention of s 170DE(1) of the Workplace Relations Act 1996
  • Sucata Pty Limited to pay Gemma Narelle Pritchard $25,713, being $17,873 for breach of contract and $7,840 as compensation under s 170EE of the Workplace Relations Act 1996