Ansett and Webb v Mainbrook Holdings Pty Ltd t/as Australian Ice Productions [1995] IRCA 93

Ansett and Webb v Mainbrook Holdings Pty Ltd t/as Australian Ice Productions [1995] IRCA 93

The respondent breached sections 170DB and 170DE(1) of the Industrial Relations Act 1988 by terminating the applicants without proper notice or valid reason; the applicants are entitled to arrears of wages, incidental expenses, and compensation based on what they would have earned had the employment continued.

Parties
First Applicant: Katherine Sarah Ansett; Second Applicant: Kylie Webb; Respondent: Mainbrook Holdings Pty Limited
Jurisdiction
Australia
Judgment Date
07 March 1995
Procedural Posture
Industrial Law Termination of Employment / Judgment
Outcome
Judgment for the applicants.
Legal Topics
Termination of Employment, Accrued Jurisdiction, Arrears of Wages, Incidental Expenses, Compensation, Notice of Termination
Industrial Law Termination of Employment Accrued Jurisdiction Arrears of Wages Incidental Expenses Compensation Notice of Termination

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Parties

Katherine Sarah Ansett

First Applicant

Kylie Webb

Second Applicant

Mainbrook Holdings Pty Limited

Respondent

Procedural Posture

Industrial Law Termination of Employment / Judgment

Legal Issues

  1. 1 Were the applicants unlawfully terminated by the respondent without reason and notice?
  2. 2 Are the applicants entitled to arrears of wages and incidental expenses?
  3. 3 Are the applicants entitled to compensation under the Industrial Relations Act 1988?

Ratio Decidendi

The respondent breached sections 170DB and 170DE(1) of the Industrial Relations Act 1988 by terminating the applicants without proper notice or valid reason; the applicants are entitled to arrears of wages, incidental expenses, and compensation based on what they would have earned had the employment continued.

Court Disposition

Judgment for the applicants.

Orders

  • Respondent to pay the first applicant $2,488.20 for arrears of wages and expenses and $10,500.00 compensation within 21 days.
  • Respondent to pay the second applicant $2,527.00 for wages and expenses and $7,600.00 compensation within 21 days.