Kathleen Bartlett v Casino Pty Ltd [1995] IRCA 428

Kathleen Bartlett v Casino Pty Ltd [1995] IRCA 428

The applicant's employment was terminated by the respondent on 17 March 1995, such termination being unlawful under Part VIA Division 3 of the Industrial Relations Act 1988, and the applicant is entitled to compensation and statutory damages.

Jurisdiction
Australia
Judgment Date
10 August 1995
Procedural Posture
Application Under Industrial Relations Act 1988 S 170 EA / Judgment After Hearing
Outcome
Application granted in part: employment held to be terminated unlawfully, compensation and damages awarded.
Legal Topics
['termination of Employment' 'unlawful Termination' 'compensation']
['industrial Law'] ['termination of Employment' 'unlawful Termination' 'compensation']

Case Brief

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Procedural Posture

Application Under Industrial Relations Act 1988 S 170 EA / Judgment After Hearing

Legal Issues

  1. 1 ["Whether the applicant's employment was terminated by the respondent" 'Whether the termination of employment was unlawful under the Industrial Relations Act 1988' 'Quantum of compensation and damages']

Ratio Decidendi

The applicant's employment was terminated by the respondent on 17 March 1995, such termination being unlawful under Part VIA Division 3 of the Industrial Relations Act 1988, and the applicant is entitled to compensation and statutory damages.

Court Disposition

Application granted in part: employment held to be terminated unlawfully, compensation and damages awarded.

Orders

  • ['The termination of the employment of the Applicant by the Respondent contravened Part VIA of Division 3 of the Industrial Relations Act 1988.' 'The Respondent pay to the Applicant compensation in the sum of $12,000.00 within 21 days of the date of judgment.' 'The Respondent pay damages pursuant to Section 170EE(5)...