Arnol v Almondco Australia Ltd & Wilson v Almondco Australia Ltd & Caulfield v Almondco Australia Ltd & Hansford v Almondco Australia Ltd & Scutter v Almondco Australia Ltd [1997] IRCA 272

Arnol v Almondco Australia Ltd & Wilson v Almondco Australia Ltd & Caulfield v Almondco Australia Ltd & Hansford v Almondco Australia Ltd & Scutter v Almondco Australia Ltd [1997] IRCA 272

The respondent failed to comply with the consultation and selection process mandated by the Enterprise Bargaining Agreement and statutory requirements. The applicants' employment was unlawfully terminated as performance or conduct was taken into account without proper process or opportunity to respond, breaching s.170 DC of the Workplace Relations Act.

Parties
Applicant: Kay Arnol; Applicant: Ivy Wilson; Applicant: John Caulfield; Applicant: Glen Hansford; Applicant: Colin Scutter; Respondent: Almondco Australia Ltd
Jurisdiction
Australia
Judgment Date
30 July 1997
Procedural Posture
Application for Relief Regarding Termination of Employment / Decision and Orders Issued After Hearing
Outcome
Applications upheld; compensation awarded to applicants.
Legal Topics
Unlawful Termination, Redundancy, Enterprise Bargaining Agreements, Workplace Consultation, Compensation for Wrongful Dismissal
Industrial Law Employment Law Unlawful Termination Redundancy Enterprise Bargaining Agreements Workplace Consultation Compensation for Wrongful Dismissal

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Parties

Kay Arnol

Applicant

Ivy Wilson

Applicant

John Caulfield

Applicant

Glen Hansford

Applicant

Colin Scutter

Applicant

Almondco Australia Ltd

Respondent

Procedural Posture

Application for Relief Regarding Termination of Employment / Decision and Orders Issued After Hearing

Legal Issues

  1. 1 Whether the termination of applicants' employment was unlawful
  2. 2 Whether the respondent complied with consultation and procedure requirements under the Enterprise Bargaining Agreement and Workplace Relations Act
  3. 3 Whether performance or conduct was a factor in selection for redundancy and if employees were given opportunity to respond

Ratio Decidendi

The respondent failed to comply with the consultation and selection process mandated by the Enterprise Bargaining Agreement and statutory requirements. The applicants' employment was unlawfully terminated as performance or conduct was taken into account without proper process or opportunity to respond, breaching s.170 DC of the Workplace Relations Act.

Court Disposition

Applications upheld; compensation awarded to applicants.

Orders

  • The respondent pay to Kay Arnol the sum of $5064 within 21 days
  • The respondent pay to Ivy Wilson the sum of $3938 within 21 days