HERSON AND ONE.TEL LTD [2000] NSWIRComm 3

HERSON AND ONE.TEL LTD [2000] NSWIRComm 3

The applicant's dismissal was harsh, unreasonable and unjust due to the imposition of unrealistic sales targets, lack of meaningful comparison to other employees, lack of fair warnings or appraisal, non-adherence to company procedures, and absence of procedural fairness in the dismissal process. Compensation is to be paid as reinstatement is impractical.

Parties
Applicant: Ira Herson; Respondent: One.Tel Limited
Jurisdiction
Australia
Judgment Date
18 February 2000
Procedural Posture
Unfair Dismissal Application / Final Decision After Arbitration
Outcome
Applicant successful; compensation ordered instead of reinstatement.
Legal Topics
Unfair Dismissal, Procedural Fairness, Compensation for Dismissal, Employment Contracts, Performance Management
Employment Law Industrial Law Unfair Dismissal Procedural Fairness Compensation for Dismissal Employment Contracts Performance Management

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Parties

Ira Herson

Applicant

One.Tel Limited

Respondent

Procedural Posture

Unfair Dismissal Application / Final Decision After Arbitration

Legal Issues

  1. 1 Whether the applicant's dismissal was harsh, unreasonable or unjust under the Industrial Relations Act 1996 (NSW)
  2. 2 Whether the employer gave proper warnings and afforded procedural fairness
  3. 3 What compensation or remedy is appropriate

Ratio Decidendi

The applicant's dismissal was harsh, unreasonable and unjust due to the imposition of unrealistic sales targets, lack of meaningful comparison to other employees, lack of fair warnings or appraisal, non-adherence to company procedures, and absence of procedural fairness in the dismissal process. Compensation is to be paid as reinstatement is impractical.

Court Disposition

Applicant successful; compensation ordered instead of reinstatement.

Orders

  • The respondent, One.Tel Limited, shall pay to the applicant, Mr Ira Herson, the sum of $18,000 within fourteen (14) days.
  • Liberty to apply on the question of costs within 28 days.