Kerry Lea Johnstone v Steggles Limited [1995] IRCA 219

Kerry Lea Johnstone v Steggles Limited [1995] IRCA 219

The termination of the applicant's employment, based on uncommunicated selection criteria and without consultation, despite an otherwise valid operational reason, constituted a breach of section 170DE(2) of the Industrial Relations Act 1988 as it was harsh and procedurally unfair.

Jurisdiction
Australia
Judgment Date
09 May 1995
Procedural Posture
Application Under Part VIA of the Industrial Relations Act 1988 / Judgment
Outcome
Application upheld in part; compensation awarded to applicant.
Legal Topics
['redundancy' 'operational Requirements' 'termination of Employment' 'casual Employment' 'unfair Dismissal' 'procedural Fairness']
['industrial Law'] ['redundancy' 'operational Requirements' 'termination of Employment' 'casual Employment' 'unfair Dismissal' 'procedural Fairness']

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Procedural Posture

Application Under Part VIA of the Industrial Relations Act 1988 / Judgment

Legal Issues

  1. 1 ['Whether the applicant’s termination was valid under s.170DE(1) of the Industrial Relations Act 1988' 'Whether the termination breached s.170DE(2) due to absence of consultation and fairness']

Ratio Decidendi

The termination of the applicant's employment, based on uncommunicated selection criteria and without consultation, despite an otherwise valid operational reason, constituted a breach of section 170DE(2) of the Industrial Relations Act 1988 as it was harsh and procedurally unfair.

Court Disposition

Application upheld in part; compensation awarded to applicant.

Orders

  • ['That the respondent pay to the applicant the sum of $775 within 21 days.']