Lees, Leanne v Australian Rent A Car Pty Ltd [1997] FCA 568

Lees, Leanne v Australian Rent A Car Pty Ltd [1997] FCA 568

The Respondent's deduction of repair costs from the Applicant's wages was unauthorised, and the evidence supports the Applicant's claim that her employment was unlawfully terminated. However, the Applicant failed to mitigate her loss by not accepting reinstatement, and thus compensation under s170EE(2) is not...

Source-derived case information.

Parties
Applicant: Leanne Lees; Respondent: Australian Rent A Car Pty Ltd
Jurisdiction
Australia
Judgment Date
30 June 1997
Procedural Posture
Industrial Law – Termination of Employment and Recovery of Wages / Judgment
Outcome
Judgment in favour of the Applicant for recovery of wages and entitlements. No compensation for unfair dismissal due to failure to mitigate loss.
Legal Topics
Termination of Employment, Mitigation of Loss, Recovery of Wages, Annual Leave Entitlements
Industrial Law Employment Law Termination of Employment Mitigation of Loss Recovery of Wages Annual Leave Entitlements

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Parties

Leanne Lees

Applicant

Australian Rent A Car Pty Ltd

Respondent

Procedural Posture

Industrial Law – Termination of Employment and Recovery of Wages / Judgment

Legal Issues

  1. 1 Whether the Applicant was unlawfully terminated from employment
  2. 2 Whether the Respondent was entitled to unilaterally deduct repair costs from the Applicant's wages
  3. 3 Whether the Applicant mitigated her loss after termination

Ratio Decidendi

The Respondent's deduction of repair costs from the Applicant's wages was unauthorised, and the evidence supports the Applicant's claim that her employment was unlawfully terminated. However, the Applicant failed to mitigate her loss by not accepting reinstatement, and thus compensation under s170EE(2) is not awarded. The Applicant is entitled to recover unpaid wages and leave entitlements under s179 of the Workplace Relations Act 1996.

Court Disposition

Judgment in favour of the Applicant for recovery of wages and entitlements. No compensation for unfair dismissal due to failure to mitigate loss.

Orders

  • The Respondent pay to the Applicant within seven days the sum of $1484 comprised of: unpaid wages of $779 for fortnight ending 18 November 1996; unpaid wages of $121 for fortnight ending 2 December 1996; annual leave entitlements of $490; lump sum of $94 instead of interest calculated in accordance with s179A(1)(a).