Jennifer Sturtevant and Kenneth Henry T/as Scooters Tasty Express Cuisine Pty Limited [2005] NSWIRComm 1004

Jennifer Sturtevant and Kenneth Henry T/as Scooters Tasty Express Cuisine Pty Limited [2005] NSWIRComm 1004

The Commission accepted the applicant as a witness of credit, found that she had not resigned but was dismissed on 24 February 2004 for attitude, without notice or payment in lieu. The alleged negative attitude and performance decline were not serious enough to justify dismissal, and the later re-engagement on substantially inferior hours was not in good faith but a device to camouflage the dismissal. The dismissal was harsh, unjust and unreasonable, so compensation and costs were ordered.

Jurisdiction
Australia
Judgment Date
21 January 2005
Procedural Posture
Application by Jennifer Sturtevant Re Unfair Dismissal Pursuant to Section 84 of the Industrial Relations Act 1996 / Decision and Orders After Hearing
Outcome
Application upheld; dismissal found harsh, unjust and unreasonable; compensation and costs ordered.
Legal Topics
['termination of Employment' 'unfair Dismissal' 'award Entitlements' 'compensation' 'costs']
['industrial Relations' 'employment Law'] ['termination of Employment' 'unfair Dismissal' 'award Entitlements' 'compensation' 'costs']

Case Brief

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Procedural Posture

Application by Jennifer Sturtevant Re Unfair Dismissal Pursuant to Section 84 of the Industrial Relations Act 1996 / Decision and Orders After Hearing

Legal Issues

  1. 1 ['Whether Jennifer Sturtevant was dismissed or resigned on 24 February 2004.' 'Whether the dismissal was harsh, unjust and unreasonable.' 'Whether compensation and costs should be ordered.' 'Whether alleged unpaid award entitlements could be dealt with in this proceeding.']

Ratio Decidendi

The Commission accepted the applicant as a witness of credit, found that she had not resigned but was dismissed on 24 February 2004 for attitude, without notice or payment in lieu. The alleged negative attitude and performance decline were not serious enough to justify dismissal, and the later re-engagement on substantially inferior hours was not in good faith but a device to camouflage the dismissal. The dismissal was harsh, unjust and unreasonable, so compensation and costs were ordered.

Court Disposition

Application upheld; dismissal found harsh, unjust and unreasonable; compensation and costs ordered.

Orders

  • ['That the respondent, Kenneth Henry t/as Scooters Tasty Express Cuisine Pty Limited, pay to the applicant Jennifer Sturtevant the sum of $760 (seven hundred and sixty dollars as compensation).' 'That the respondent, as named above, shall pay to the applicant the sum of $120 (one hundred and twenty dollars) in the...