Tabone v Strasburger Enterprises Inc [1995] IRCA 82

Tabone v Strasburger Enterprises Inc [1995] IRCA 82

The Respondent had valid substantive grounds to terminate the Applicant’s employment due to breaches of company cash handling and recapping policies. However, the dismissal was harsh, unjust and unreasonable as procedural fairness was not observed; the Respondent failed to provide explicit warnings and did not follow its termination policy, and summary dismissal was not justified by the nature of the breaches.

Parties
Applicant: JEFFREY MARK TABONE & ANOR; Respondent: STRASBURGER ENTERPRISES INC
Jurisdiction
Australia
Judgment Date
10 March 1995
Procedural Posture
Industrial Employment Dispute / Final Judgment
Outcome
Application partially successful
Legal Topics
Termination of Employment, Summary Dismissal, Procedural Fairness, Harsh, Unjust or Unreasonable Termination
Industrial Law Employment Law Termination of Employment Summary Dismissal Procedural Fairness Harsh, Unjust or Unreasonable Termination

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Parties

JEFFREY MARK TABONE & ANOR

Applicant

STRASBURGER ENTERPRISES INC

Respondent

Procedural Posture

Industrial Employment Dispute / Final Judgment

Legal Issues

  1. 1 Whether the termination of employment was harsh, unjust or unreasonable
  2. 2 Whether Respondent complied with its termination of employment policy
  3. 3 Whether breach of cash handling and recapping policies justified summary dismissal

Ratio Decidendi

The Respondent had valid substantive grounds to terminate the Applicant’s employment due to breaches of company cash handling and recapping policies. However, the dismissal was harsh, unjust and unreasonable as procedural fairness was not observed; the Respondent failed to provide explicit warnings and did not follow its termination policy, and summary dismissal was not justified by the nature of the breaches.

Court Disposition

Application partially successful

Orders

  • The termination of the Applicant's employment by the Respondent contravened Division 3 of part VIA of the Industrial Relations Act 1988.
  • The time for making this Application be extended to 9 August 1994.