Jupiters Ltd v Thirkettle [1997] IRCA 258

Jupiters Ltd v Thirkettle [1997] IRCA 258

The company failed to act in accordance with its legal obligation under clause 18.6 of the Award to avoid harsh termination of the respondents. Although their misconduct would otherwise have justified dismissal for a valid reason, the harshness of the termination meant that no valid reason existed under s 170DE(1) of the Workplace Relations Act 1996 (Cth), and thus the terminations were invalid.

Parties
Applicant: Jupiters Ltd; Respondent: Stephen Trevor Thirkettle; Respondent: Steven John McGinness
Jurisdiction
Australia
Judgment Date
25 July 1997
Procedural Posture
Application for Review of Judicial Registrar's Decision / Judgment After Hearing of Application for Review
Outcome
The company did not have a valid reason for terminating the employment of Mr McGinness and Mr Thirkettle; terminations declared invalid under s 170DE(1).
Legal Topics
Termination of Employment, Awards, Harsh, Unjust or Unreasonable Termination, Valid Reason, Misconduct
Industrial Law Termination of Employment Awards Harsh, Unjust or Unreasonable Termination Valid Reason Misconduct

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Parties

Jupiters Ltd

Applicant

Stephen Trevor Thirkettle

Respondent

Steven John McGinness

Respondent

Procedural Posture

Application for Review of Judicial Registrar's Decision / Judgment After Hearing of Application for Review

Legal Issues

  1. 1 What constitutes a 'valid reason' for termination under s 170DE(1) Workplace Relations Act 1996 (Cth)?
  2. 2 Whether improper or excessive force used by employees amounted to breach of an essential term of contract of employment
  3. 3 Whether employer's failure to comply with Award prohibition on harsh, unjust or unreasonable termination affects validity under statute

Ratio Decidendi

The company failed to act in accordance with its legal obligation under clause 18.6 of the Award to avoid harsh termination of the respondents. Although their misconduct would otherwise have justified dismissal for a valid reason, the harshness of the termination meant that no valid reason existed under s 170DE(1) of the Workplace Relations Act 1996 (Cth), and thus the terminations were invalid.

Court Disposition

The company did not have a valid reason for terminating the employment of Mr McGinness and Mr Thirkettle; terminations declared invalid under s 170DE(1).

Orders

  • Provisionally, order for re-instatement of Mr McGinness and Mr Thirkettle.
  • Compensation to be paid equivalent to wages lost, less two weeks' pay in lieu of notice and, for Mr McGinness, less $4000 earned since termination.