Downs v Finsbury Press Pty Ltd [1996] IRCA 274

Downs v Finsbury Press Pty Ltd [1996] IRCA 274

Finsbury Press did not discharge the onus to show the applicant was aware of the smoking policy as it applied after the move to new premises. Therefore, the dismissal was not for a valid reason and, in light of changed circumstances and lack of warnings, was also harsh, unjust and unreasonable. The applicant was also not given adequate opportunity to defend himself, breaching s 170DC.

Jurisdiction
Australia
Judgment Date
18 March 1996
Procedural Posture
Industrial Law Termination of Employment / Final Judgment
Outcome
Applicant successful
Legal Topics
['termination of Employment' 'unlawful Termination' 'company Policy' 'employee Awareness' 'valid Reason for Termination' 'harsh, Unjust or Unreasonable Dismissal' 'compensation']
['industrial Law'] ['termination of Employment' 'unlawful Termination' 'company Policy' 'employee Awareness' 'valid Reason for Termination' 'harsh, Unjust or Unreasonable Dismissal' 'compensation']

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Procedural Posture

Industrial Law Termination of Employment / Final Judgment

Legal Issues

  1. 1 ['Whether there was a valid reason for the termination of the applicant' 'Whether the termination was harsh, unjust or unreasonable' 'Whether the applicant was made aware of the smoking policy' 'Whether there was a breach of procedural fairness under section 170DC']

Ratio Decidendi

Finsbury Press did not discharge the onus to show the applicant was aware of the smoking policy as it applied after the move to new premises. Therefore, the dismissal was not for a valid reason and, in light of changed circumstances and lack of warnings, was also harsh, unjust and unreasonable. The applicant was also not given adequate opportunity to defend himself, breaching s 170DC.

Court Disposition

Applicant successful

Orders

  • ['The respondent pay damages to the applicant in the sum of $432.08 within 14 days under s 170EE(5) Industrial Relations Act 1988.' 'The respondent pay compensation to the applicant in the sum of $7,777.44 under s 170EE(3) Industrial Relations Act 1988.' 'The respondent to pay the compensation in fortnightly...