Fredericks v Pastrello [1997] IRCA 277

Fredericks v Pastrello [1997] IRCA 277

The Court found on the evidence that the applicant was involved to some extent in the wrongdoing concerning line cancellations, constituting serious misconduct, thereby giving the respondent a valid reason for her summary dismissal without notice.

Parties
Applicant: Janette Fredericks; Respondent: Lorenzo Pastrello
Jurisdiction
Australia
Judgment Date
30 September 1997
Procedural Posture
Unlawful Termination Application / Decision at First Instance
Outcome
Application dismissed
Legal Topics
Termination of Employment, Misconduct, Notice Entitlement, Unlawful Dismissal
Industrial Law Employment Law Termination of Employment Misconduct Notice Entitlement Unlawful Dismissal

Case Brief

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Parties

Janette Fredericks

Applicant

Lorenzo Pastrello

Respondent

Procedural Posture

Unlawful Termination Application / Decision at First Instance

Legal Issues

  1. 1 Whether there was a valid reason for the termination of employment
  2. 2 Whether the applicant's employment was terminated for serious misconduct
  3. 3 Whether the applicant was entitled to notice

Ratio Decidendi

The Court found on the evidence that the applicant was involved to some extent in the wrongdoing concerning line cancellations, constituting serious misconduct, thereby giving the respondent a valid reason for her summary dismissal without notice.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.