Jennifer Lawrence v Mining World Limited [1995] IRCA 583

Jennifer Lawrence v Mining World Limited [1995] IRCA 583

Compensation is assessed by reference to wages lost due to the unlawful termination, making allowance for continuing loss, and not for financial strain or disruption to career path where the evidence does not support a causal connection and swift re-employment mitigated the detriment suffered.

Jurisdiction
Australia
Judgment Date
26 October 1995
Procedural Posture
Application for Compensation for Unlawful Termination of Employment / Reasons for Judgment and Orders
Outcome
Application granted; compensation awarded for unlawful termination.
Legal Topics
['termination of Employment' 'redundancy' 'assessment of Compensation']

Case Brief

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Procedural Posture

Application for Compensation for Unlawful Termination of Employment / Reasons for Judgment and Orders

  1. 1 ["Whether the applicant's termination contravened Section 170DE of the Industrial Relations Act 1988" 'What compensation is appropriate for unlawful termination']

Ratio Decidendi

Compensation is assessed by reference to wages lost due to the unlawful termination, making allowance for continuing loss, and not for financial strain or disruption to career path where the evidence does not support a causal connection and swift re-employment mitigated the detriment suffered.

Court Disposition

Application granted; compensation awarded for unlawful termination.

Orders

  • ['The termination of the employment of the applicant contravened Section 170DE of the Industrial Relations Act 1988.' 'The respondent shall pay compensation to the applicant in the sum of $1,350.00 within 14 days of the date of this order.']