Thornton v Driveforce Professional Drivers Pty Ltd [1996] IRCA 652

Thornton v Driveforce Professional Drivers Pty Ltd [1996] IRCA 652

The respondent did not have a valid reason to terminate the applicant's employment based on conduct or work performance, because the applicant had not been clearly informed of concerns about her demeanour or performance and the termination, including replacement steps taken before informing her, was capricious rather than sound or defensible. The respondent also failed to provide an opportunity to be heard under s170DC. Reinstatement was impracticable, but compensation was appropriate because the employment was likely to have continued for a limited period but for the unlawful termination.

Jurisdiction
Australia
Judgment Date
06 December 1996
Procedural Posture
Application Pursuant to S170 EA of the Workplace Relations Act 1988 Alleging Unlawful Termination / Reasons for Decision and Minutes of Orders After Hearing
Outcome
Contravention of s170DE(1) found; compensation ordered for the applicant.
Legal Topics
['unlawful Termination' 'valid Reason for Termination' 'conduct and Performance' 'opportunity to Respond' 'compensation']
['industrial Law' 'employment Law'] ['unlawful Termination' 'valid Reason for Termination' 'conduct and Performance' 'opportunity to Respond' 'compensation']

Case Brief

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Procedural Posture

Application Pursuant to S170 EA of the Workplace Relations Act 1988 Alleging Unlawful Termination / Reasons for Decision and Minutes of Orders After Hearing

Legal Issues

  1. 1 ["Whether the applicant's employment was employment of a type precluded from the Court's jurisdiction by Regulation 30B (1)(aa) of the Act." "Whether the respondent had a valid reason to terminate the applicant's employment based upon her conduct or work performance." 'Whether the respondent complied with s170DC by giving the applicant an opportunity to be heard in relation to allegations against her.' 'Whether reinstatement or compensation was the appropriate remedy.']

Ratio Decidendi

The respondent did not have a valid reason to terminate the applicant's employment based on conduct or work performance, because the applicant had not been clearly informed of concerns about her demeanour or performance and the termination, including replacement steps taken before informing her, was capricious rather than sound or defensible. The respondent also failed to provide an opportunity to be heard under s170DC. Reinstatement was impracticable, but compensation was appropriate because the employment was likely to have continued for a limited period but for the unlawful termination.

Court Disposition

Contravention of s170DE(1) found; compensation ordered for the applicant.

Orders

  • ['Pursuant to s170EE(3) of the Workplace Relations Act 1996 the respondent pay to the applicant the sum of $1,237.60 in compensation.' 'Time for compliance with Order 1 herein is 21 days from the date of this Order.']