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
Summary, issues, holding and outcome
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Procedural Posture
Application for Compensation for Unlawful Termination of Employment / Reasons for Judgment and Orders
Legal Issues
- 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.']
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