Leanne Jarvis and Sam Costandi [2005] NSWIRComm 311

Leanne Jarvis and Sam Costandi [2005] NSWIRComm 311

The employer, through abusive and aggressive conduct, was the effective initiator of the applicant's termination. The applicant was constructively dismissed, not freely resigned. The dismissal was harsh, unreasonable and unjust substantively and procedurally, making compensation appropriate.

Jurisdiction
Australia
Judgment Date
02 September 2005
Procedural Posture
Unfair Dismissal Application / Final Judgment
Outcome
Applicant constructively dismissed. Dismissal found harsh, unreasonable and unjust. Compensation ordered.
Legal Topics
['unfair Dismissal' 'constructive Dismissal' 'procedural Fairness' 'compensation for Dismissal']
['employment Law' 'industrial Relations'] ['unfair Dismissal' 'constructive Dismissal' 'procedural Fairness' 'compensation for Dismissal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Unfair Dismissal Application / Final Judgment

Legal Issues

  1. 1 ['Whether applicant was constructively dismissed' 'Whether dismissal was harsh, unreasonable or unjust' 'Whether proper procedural fairness was afforded' 'What remedy or relief should be ordered']

Ratio Decidendi

The employer, through abusive and aggressive conduct, was the effective initiator of the applicant's termination. The applicant was constructively dismissed, not freely resigned. The dismissal was harsh, unreasonable and unjust substantively and procedurally, making compensation appropriate.

Court Disposition

Applicant constructively dismissed. Dismissal found harsh, unreasonable and unjust. Compensation ordered.

Orders

  • ['Respondent to pay applicant $6,240 within 21 days.' 'Proceedings concluded.']