Mooney v W & B Morieson Pty Ltd [1996] IRCA 258

Mooney v W & B Morieson Pty Ltd [1996] IRCA 258

The termination of the applicant's employment was found to be harsh, unjust and unreasonable due to failure to provide proper notice, unfair selection process for redundancy, lack of procedural fairness and contraventions of sections 170DB, 170DC, and 170DF of the Industrial Relations Act 1988. Reinstatement was...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 April 1996
Procedural Posture
Application Under Division 3 of Part VIA of the Industrial Relations Act 1988 for Unlawful Termination / Final Judgment and Orders
Outcome
Compensation awarded for unlawful termination; reinstatement not ordered due to impracticability.
Legal Topics
['unlawful Termination' 'redundancy' 'harsh, Unjust or Unreasonable Dismissal' 'maternity Leave' 'workers Compensation' 'return to Work Plans']
['industrial Law' 'employment Law'] ['unlawful Termination' 'redundancy' 'harsh, Unjust or Unreasonable Dismissal' 'maternity Leave' 'workers Compensation' 'return to Work Plans']

Source-derived case record

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Procedural Posture

Application Under Division 3 of Part VIA of the Industrial Relations Act 1988 for Unlawful Termination / Final Judgment and Orders

Legal Issues

  1. 1 ["Whether applicant's termination was unlawful under the Industrial Relations Act 1988, including sections 170DB, 170DC, 170DF" 'Whether the applicant was entitled to notice and/or compensation' 'Whether reinstatement was practicable' 'Whether the redundancy and selection process was fair']

Ratio Decidendi

The termination of the applicant's employment was found to be harsh, unjust and unreasonable due to failure to provide proper notice, unfair selection process for redundancy, lack of procedural fairness and contraventions of sections 170DB, 170DC, and 170DF of the Industrial Relations Act 1988. Reinstatement was deemed impracticable due to business changes; therefore compensation was ordered.

Court Disposition

Compensation awarded for unlawful termination; reinstatement not ordered due to impracticability.

Orders

  • ['Respondent to pay $420.00 for contravention of s170DB(2) of the Act within 7 days.' 'Compensation of $5,460.00 to be paid within 21 days.' 'Compensation to be paid in instalments: $2,730.00 by 28 May 1996, $1,400.00 by 18 June 1996, $1,330.00 by 9 July 1996.' "Payment to applicant's solicitor sufficient discharge...