Cohen v D.C. Marine Engine Services Pty Ltd [1996] IRCA 157

Cohen v D.C. Marine Engine Services Pty Ltd [1996] IRCA 157

The respondent did not establish on balance that the applicant failed to perform his duties, that his performance was below standard, or that performance was the reason for termination. The applicant was employed for only a very short period, was not given a meaningful opportunity to implement business development strategies, was not warned or given an opportunity to answer performance allegations, and the performance criteria relied upon were imprecise and unreasonable. The termination was without valid reason and was harsh, unjust and unreasonable. Reinstatement was impracticable, so compensation equivalent to an additional eight weeks was ordered.

Jurisdiction
Australia
Judgment Date
01 May 1996
Procedural Posture
Application Pursuant to S170 EA of the Industrial Relations Act 1988 Concerning Unlawful Termination / Reasons for Decision and Minutes of Order After Hearing
Outcome
Application upheld; compensation ordered.
Legal Topics
['unlawful Termination' 'valid Reason' 'operational Requirements' 'harsh, Unjust or Unreasonable Termination' 'opportunity to Be Heard' 'compensation' 'reinstatement Impracticable']
['industrial Law' 'employment Law'] ['unlawful Termination' 'valid Reason' 'operational Requirements' 'harsh, Unjust or Unreasonable Termination' 'opportunity to Be Heard' 'compensation' 'reinstatement Impracticable']

Case Brief

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Procedural Posture

Application Pursuant to S170 EA of the Industrial Relations Act 1988 Concerning Unlawful Termination / Reasons for Decision and Minutes of Order After Hearing

Legal Issues

  1. 1 ["Whether the respondent had a valid reason for terminating the applicant's employment based on work performance or lack of sales." 'Whether the termination was harsh, unjust or unreasonable.' 'Whether the respondent complied with s170DC and s170DE(2) of the Industrial Relations Act 1988.' 'Whether reinstatement was impracticable and compensation should be ordered.']

Ratio Decidendi

The respondent did not establish on balance that the applicant failed to perform his duties, that his performance was below standard, or that performance was the reason for termination. The applicant was employed for only a very short period, was not given a meaningful opportunity to implement business development strategies, was not warned or given an opportunity to answer performance allegations, and the performance criteria relied upon were imprecise and unreasonable. The termination was without valid reason and was harsh, unjust and unreasonable. Reinstatement was impracticable, so compensation equivalent to an additional eight weeks was ordered.

Court Disposition

Application upheld; compensation ordered.

Orders

  • ['The respondent pay to the applicant compensation in the sum of $6461.00.']