Graeme Simpson v Systems Services Pty Ltd Neville Fryar v Systems Services Pty Ltd [1995] IRCA 602

The failure to make a severance payment rendered the termination of the Applicants' employment harsh, unjust and unreasonable, warranting compensation calculated based on eight weeks of salary.

Jurisdiction: Australia
Judgment Date: 17 October 1995
Procedural Posture: Application Under Industrial Relations Act 1988 S.170 EA / Judgment and Orders
Outcome: Orders for compensation to each applicant
Legal Topics: ['termination of Employment' 'redundancy' 'severance Payment' 'compensation']

['industrial Law'] ['termination of Employment' 'redundancy' 'severance Payment' 'compensation']

Case Brief

Summary, issues, holding and outcome

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

Procedural Posture

Application Under Industrial Relations Act 1988 S.170 EA / Judgment and Orders

Legal Issues

1 ["Whether the employer had a valid reason for termination of the Applicants' employment" "Whether the termination of the Applicants' employment was harsh, unjust and unreasonable" 'Whether failure to make a severance payment rendered termination harsh, unjust and unreasonable']

Ratio Decidendi

The failure to make a severance payment rendered the termination of the Applicants' employment harsh, unjust and unreasonable, warranting compensation calculated based on eight weeks of salary.

Court Disposition

Orders for compensation to each applicant

Orders

['The Respondent pay to Graeme Simpson the sum of $8,547.69.' 'The Respondent pay to Neville Fryar the sum of $6,361.54.']