Karen Smahel and Kerry McGee [1994] IRCA 74

Karen Smahel and Kerry McGee [1994] IRCA 74

The Court found the applicant's termination was harsh, unjust and unreasonable because the respondent's stated reasons were not supported by facts and proper procedures were not followed, entitling the applicant to compensation under Section 170EE of the Industrial Relations Act 1988.

Source-derived case information.

Parties
Applicant: Karen Smahel; Respondent: Kerry McGee
Jurisdiction
Australia
Judgment Date
24 October 1994
Procedural Posture
Employment Termination Application / Final Judgment
Outcome
Application granted; compensation awarded to applicant.
Legal Topics
Unfair Dismissal, Compensation for Wrongful Termination, Income Tax Compliance
Employment Law Industrial Relations Unfair Dismissal Compensation for Wrongful Termination Income Tax Compliance

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Parties

Karen Smahel

Applicant

Kerry McGee

Respondent

Procedural Posture

Employment Termination Application / Final Judgment

Legal Issues

  1. 1 Whether the applicant's dismissal was harsh, unjust or unreasonable under Section 170DE(2) of the Industrial Relations Act 1988
  2. 2 Appropriate form and quantum of remedy under Section 170EE of the Act
  3. 3 Obligation to consider non-payment of income tax on wage payments

Ratio Decidendi

The Court found the applicant's termination was harsh, unjust and unreasonable because the respondent's stated reasons were not supported by facts and proper procedures were not followed, entitling the applicant to compensation under Section 170EE of the Industrial Relations Act 1988.

Court Disposition

Application granted; compensation awarded to applicant.

Orders

  • Pursuant to Section 170EE of the Industrial Relations Act 1988, respondent to pay applicant compensation in the sum of $8000.
  • Principal Registrar to forward to the Attorney General, for reference to the Australian Taxation Office, a copy of the reasons and applicant's evidence transcript.