Brickland v Curtin Student Guild Ashdown v Curtin Student Guild Armstrong v Curtin Student Guild [1995] IRCA 244

Brickland v Curtin Student Guild Ashdown v Curtin Student Guild Armstrong v Curtin Student Guild [1995] IRCA 244

The consultation with affected employees was inadequate and so harsh, unjust and unreasonable that it contravened Division 3 of Part VIA of the Industrial Relations Act 1988. Applicants were not informed about the new structure or invited to apply for relevant new positions prior to redundancy.

Jurisdiction
Australia
Judgment Date
10 April 1995
Procedural Posture
Industrial Law Claim Termination of Employment / Judgment
Outcome
Declaration that the terminations contravened Division 3 of Part VIA of the Industrial Relations Act 1988; nominal compensation awarded.
Legal Topics
['termination of Employment' 'redundancy Procedures']
['industrial Law'] ['termination of Employment' 'redundancy Procedures']

Case Brief

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Procedural Posture

Industrial Law Claim Termination of Employment / Judgment

Legal Issues

  1. 1 ['Whether there was a valid reason for the termination of employment' 'Whether appropriate procedures were followed in relation to redundancy' 'Whether the terminations were harsh, unjust or unreasonable and contravened Division 3 of Part VIA of the Industrial Relations Act 1988']

Ratio Decidendi

The consultation with affected employees was inadequate and so harsh, unjust and unreasonable that it contravened Division 3 of Part VIA of the Industrial Relations Act 1988. Applicants were not informed about the new structure or invited to apply for relevant new positions prior to redundancy.

Court Disposition

Declaration that the terminations contravened Division 3 of Part VIA of the Industrial Relations Act 1988; nominal compensation awarded.

Orders

  • ['Declaration that termination of employment of each applicant contravened Division 3 of Part VIA of the Industrial Relations Act 1988.' 'Respondent to pay compensation to each applicant in the sum of $500.']