Gimbutt, Janice v Baiada Poultry [1997] FCA 640

Gimbutt, Janice v Baiada Poultry [1997] FCA 640

The respondent breached ss170DC and 170DE(1) of the Workplace Relations Act 1996 (Cth) by not affording the applicant adequate opportunity to respond to all matters relied on for her termination, depriving her of both procedural and substantive fairness. The dismissal was thus unlawful, and compensation should reflect the lost chance of ongoing employment, assessed at four months' wages.

Parties
Applicant: Janice Gimbutt; Respondent: Baiada Poultry
Jurisdiction
Australia
Judgment Date
18 July 1997
Procedural Posture
Unlawful Termination Application / Final Judgment
Outcome
Application upheld. Orders made for compensation.
Legal Topics
Unlawful Termination, Procedural Fairness, Opportunity to Respond, Compensation, Performance Management
Industrial Law Employment Law Unlawful Termination Procedural Fairness Opportunity to Respond Compensation Performance Management

Case Brief

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Parties

Janice Gimbutt

Applicant

Baiada Poultry

Respondent

Procedural Posture

Unlawful Termination Application / Final Judgment

Legal Issues

  1. 1 Whether the applicant was unlawfully terminated in breach of ss170DC and 170DE(1) of the Workplace Relations Act 1996 (Cth)
  2. 2 Whether the applicant was given a valid opportunity to respond to allegations regarding her conduct and performance
  3. 3 Appropriate remedy and compensation for breach

Ratio Decidendi

The respondent breached ss170DC and 170DE(1) of the Workplace Relations Act 1996 (Cth) by not affording the applicant adequate opportunity to respond to all matters relied on for her termination, depriving her of both procedural and substantive fairness. The dismissal was thus unlawful, and compensation should reflect the lost chance of ongoing employment, assessed at four months' wages.

Court Disposition

Application upheld. Orders made for compensation.

Orders

  • The Court declares that the respondent has breached ss170DC and 170DE(1) of the Workplace Relations Act 1996 (Cth)
  • The Court orders the respondent pay to the applicant the sum of $9,220