Harvey, Gerrard Leslie v Campbell Soups [1997] FCA 1085

Harvey, Gerrard Leslie v Campbell Soups [1997] FCA 1085

There was a termination at the initiative of the employer, not a voluntary resignation; the respondent failed to establish a valid reason for the applicant's termination, and did not conduct a full and proper investigation nor give the applicant an opportunity to respond, thus contravening s170DC of the Act.

Source-derived case information.

Parties
Applicant: Gerrard Leslie Harvey; Respondent: Campbell Soups
Jurisdiction
Australia
Judgment Date
29 September 1997
Procedural Posture
Industrial Law Complaint Unlawful Termination / Final Determination and Orders
Outcome
Application upheld; reinstatement and continuity of employment ordered; lost remuneration to be paid.
Legal Topics
Unlawful Termination, Termination at Initiative of Employer, Resignation, Valid Reason, Full and Proper Investigation, Opportunity to Respond, Remedy, Reinstatement Impracticability
Industrial Law Unlawful Termination Termination at Initiative of Employer Resignation Valid Reason Full and Proper Investigation Opportunity to Respond Remedy +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Gerrard Leslie Harvey

Applicant

Campbell Soups

Respondent

Procedural Posture

Industrial Law Complaint Unlawful Termination / Final Determination and Orders

Legal Issues

  1. 1 Whether termination was at the initiative of the employer or a resignation
  2. 2 Whether the respondent had valid reason for termination
  3. 3 Whether proper investigation was conducted

Ratio Decidendi

There was a termination at the initiative of the employer, not a voluntary resignation; the respondent failed to establish a valid reason for the applicant's termination, and did not conduct a full and proper investigation nor give the applicant an opportunity to respond, thus contravening s170DC of the Act.

Court Disposition

Application upheld; reinstatement and continuity of employment ordered; lost remuneration to be paid.

Orders

  • The respondent to reinstate the applicant by reappointing him to the position he occupied immediately before the termination of his employment on Monday 6 October, 1997.
  • The applicant's employment to be treated as continuous between termination and reappointment.