Dornan v Metro Inns Hotel and Motels Pty Ltd (First Respondent), Transmetro Corporation Ltd (Second Respondent) [1996] IRCA 50

Dornan v Metro Inns Hotel and Motels Pty Ltd (First Respondent), Transmetro Corporation Ltd (Second Respondent) [1996] IRCA 50

The applicant was employed by the first respondent and did not resign; her employment was terminated at the respondent's initiative. The closure of the lunch trade and consequential genuine decision to employ only one chef made the second chef position redundant and supplied a valid operational reason for termination. The applicant had been told in sufficient time that her job was in jeopardy because of the possible closure of lunch trade, so procedural fairness was not denied and the termination was not harsh or unjust. The unlawful termination claim was therefore dismissed. The termination fell within the redundancy provisions of the Hotels Resorts and Hospitality Industry Award 1995,...

Jurisdiction
Australia
Judgment Date
23 February 1996
Procedural Posture
Application Under Section 170 EA of the Industrial Relations Act 1988 With Associated Claims Under Sections 430 and 179 of the Act / Reasons for Judgment and Minutes of Orders
Outcome
Application under section 170EA dismissed; redundancy severance pay awarded against the first respondent; associated jurisdiction claim for long service leave dismissed.
Legal Topics
['unlawful Termination' 'valid Reason' 'redundancy' 'harsh, Unjust or Unreasonable Termination' 'breach of Award' 'redundancy Severance Pay' 'associated Jurisdiction' 'long Service Leave']
['industrial Law' 'employment Law'] ['unlawful Termination' 'valid Reason' 'redundancy' 'harsh, Unjust or Unreasonable Termination' 'breach of Award' 'redundancy Severance Pay' 'associated Jurisdiction' 'long Service Leave']

Case Brief

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Procedural Posture

Application Under Section 170 EA of the Industrial Relations Act 1988 With Associated Claims Under Sections 430 and 179 of the Act / Reasons for Judgment and Minutes of Orders

Legal Issues

  1. 1 ["Whether the first respondent or the second respondent was the applicant's employer at the time of termination." 'Whether the applicant resigned or her employment was terminated at the initiative of the respondent.' "Whether there was a valid reason for termination based on the operational requirements of the respondent's undertaking, establishment or service." 'Whether the termination was harsh, unjust or unreasonable.' 'Whether the applicant was entitled to redundancy severance pay under the Hotels Resorts and Hospitality Industry Award 1995.' "Whether the Court had associated jurisdiction under section 430 of the Industrial Relations Act 1988 to determine the applicant's claim for long service leave under the Long Service Leave Act 1955 (NSW)." 'Whether the applicant had completed at least five years service as an adult for the purposes of long service leave.']

Ratio Decidendi

The applicant was employed by the first respondent and did not resign; her employment was terminated at the respondent's initiative. The closure of the lunch trade and consequential genuine decision to employ only one chef made the second chef position redundant and supplied a valid operational reason for termination. The applicant had been told in sufficient time that her job was in jeopardy because of the possible closure of lunch trade, so procedural fairness was not denied and the termination was not harsh or unjust. The unlawful termination claim was therefore dismissed. The termination fell within the redundancy provisions of the Hotels Resorts and Hospitality Industry Award 1995,...

Court Disposition

Application under section 170EA dismissed; redundancy severance pay awarded against the first respondent; associated jurisdiction claim for long service leave dismissed.

Orders

  • ['That the application under section 170EA of the Act be dismissed.' 'That, in respect of the claim under section 179 of the Act for redundancy severance pay, the first respondent pay the applicant the sum of $3,568.85 (gross) within 21 days of today.' 'That the first respondent deduct tax from that sum at the...