Thatcher, Kenneth v Eastern Pines Pty Ltd [1997] FCA 993

Thatcher, Kenneth v Eastern Pines Pty Ltd [1997] FCA 993

The employer contravened section 170CM by failing to provide the statutory minimum five weeks' notice of termination or payment in lieu. The applicant is entitled to compensation equivalent to five weeks' wages under section 170CR(4), and costs associated with the preparation and service of the affidavit of service due to the respondent's unreasonable omission in failing to attend the Directions Hearing.

Parties
Applicant: Kenneth Thatcher; Respondent: Eastern Pines Pty Ltd
Jurisdiction
Australia
Judgment Date
16 September 1997
Procedural Posture
Industrial Law Termination of Employment / Judgment and Orders After Undefended Hearing
Outcome
Compensation and costs awarded to applicant.
Legal Topics
Termination of Employment, Minimum Notice, Damages for Failure to Give Notice, Compensation Instead of Notice
Industrial Law Employment Law Termination of Employment Minimum Notice Damages for Failure to Give Notice Compensation Instead of Notice

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Parties

Kenneth Thatcher

Applicant

Eastern Pines Pty Ltd

Respondent

Procedural Posture

Industrial Law Termination of Employment / Judgment and Orders After Undefended Hearing

Legal Issues

  1. 1 Whether respondent contravened section 170CM of the Workplace Relations Act 1996 by failing to provide minimum notice of termination to the applicant
  2. 2 Whether the applicant is entitled to compensation in lieu of notice under section 170CR(4)
  3. 3 Whether costs should be awarded against the respondent for unreasonable omission in the conduct of the proceeding

Ratio Decidendi

The employer contravened section 170CM by failing to provide the statutory minimum five weeks' notice of termination or payment in lieu. The applicant is entitled to compensation equivalent to five weeks' wages under section 170CR(4), and costs associated with the preparation and service of the affidavit of service due to the respondent's unreasonable omission in failing to attend the Directions Hearing.

Court Disposition

Compensation and costs awarded to applicant.

Orders

  • The respondent pay the applicant $1991, being an amount equivalent to five weeks wages in lieu of notice, within 28 days.
  • The respondent pay costs incurred in preparation and service of the affidavit of service of Steven James Moore affirmed 16 September 1997, under the appropriate scale in the Federal Court, within 28 days.