John A Pywell, Richard A Stanczak & Michael J Parker v Brian Coffey's Unique Kitchens Pty Ltd [1995] IRCA 222

John A Pywell, Richard A Stanczak & Michael J Parker v Brian Coffey's Unique Kitchens Pty Ltd [1995] IRCA 222

The respondent failed to give the applicants the notice required by section 170DB and failed to pay their award entitlements, making the terminations harsh, unjust or unreasonable under section 170DE. Reinstatement was impracticable under section 170EE, so the applicants were entitled to damages for non-payment of notice, recovery of outstanding entitlements in the accrued jurisdiction, and interest under section 482.

Jurisdiction
Australia
Judgment Date
16 May 1995
Procedural Posture
Industrial Law Proceedings Alleging Breach of Subdivision C of Part VI a of the Industrial Relations Act in Terminating Employment and Seeking Unpaid Award Entitlements / Ex Tempore Reasons for Judgment and Minutes of Orders After Hearing
Outcome
Applications allowed; respondent ordered to pay damages, outstanding entitlements and interest to each applicant within 21 days.
Legal Topics
['redundancy' 'harsh, Unjust and Unreasonable Termination' 'payment in Lieu of Notice' 'unpaid Award Entitlements' 'accrued Jurisdiction' 'interest']
['industrial Law' 'procedure'] ['redundancy' 'harsh, Unjust and Unreasonable Termination' 'payment in Lieu of Notice' 'unpaid Award Entitlements' 'accrued Jurisdiction' 'interest']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Industrial Law Proceedings Alleging Breach of Subdivision C of Part VI a of the Industrial Relations Act in Terminating Employment and Seeking Unpaid Award Entitlements / Ex Tempore Reasons for Judgment and Minutes of Orders After Hearing

Legal Issues

  1. 1 ['Whether the respondent breached section 170DB of the Industrial Relations Act by failing to give the applicants required notice of termination.' "Whether termination of the applicants' employment was harsh, unjust or unreasonable under section 170DE of the Industrial Relations Act because the respondent failed to pay award entitlements." 'Whether reinstatement was impracticable and damages should be awarded under section 170EE of the Industrial Relations Act.' 'Whether the Court had jurisdiction under section 482 of the Industrial Relations Act to award interest on claims in its accrued jurisdiction.' 'Whether the applicants were entitled to unpaid amounts claimed under the Furnishing Trades Award in the accrued jurisdiction of the Court.']

Ratio Decidendi

The respondent failed to give the applicants the notice required by section 170DB and failed to pay their award entitlements, making the terminations harsh, unjust or unreasonable under section 170DE. Reinstatement was impracticable under section 170EE, so the applicants were entitled to damages for non-payment of notice, recovery of outstanding entitlements in the accrued jurisdiction, and interest under section 482.

Court Disposition

Applications allowed; respondent ordered to pay damages, outstanding entitlements and interest to each applicant within 21 days.

Orders

  • ["In the matter of John A. Pywell v Brian Coffey's Unique Kitchens Pty Ltd: VI 2734 of 1994: The respondent pay to the applicant damages in the sum of $1,760, the sum of $9,787.94 and $577.40 interest." "In the matter of Richard A. Stanczak v Brian Coffey's Unique Kitchens Pty Ltd: VI 2745 of 1994: The respondent...