Abruzzese v David Jones Limited [1996] IRCA 516

Abruzzese v David Jones Limited [1996] IRCA 516

The applicant's employment was not terminated for a valid reason. Her original employment was at the Bondi Junction branch in circumstances where the respondent knew of her concern about city crowds, and the proposed transfer to the city store had no proper operational basis and was in effect a breach of contract. The asserted lack of performance, measured by comparable apprehension numbers, was not a valid reason because that criterion had not been used during the previous six years, the applicant was disadvantaged by exclusion from other officers, she had been warned against arrests that could lead to litigation, and she had in fact made arrests in the final months of employment.

Jurisdiction
Australia
Judgment Date
01 November 1996
Procedural Posture
Unfair Termination / Reasons for Judgment After Hearing
Outcome
Termination found not to be for a valid reason; reinstatement-style relief ordered.
Legal Topics
['unfair Termination' 'valid Reason for Termination' 'reinstatement' 'performance Assessment' 'transfer of Employment Location']
['industrial Law' 'employment Law'] ['unfair Termination' 'valid Reason for Termination' 'reinstatement' 'performance Assessment' 'transfer of Employment Location']

Case Brief

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Procedural Posture

Unfair Termination / Reasons for Judgment After Hearing

Legal Issues

  1. 1 ["Whether the applicant's employment was terminated for a valid reason." "Whether the respondent's assessment of the applicant's performance by reference to apprehension numbers was fair." "Whether requiring the applicant to transfer to the city store was justified or breached the applicant's contract of employment." 'What remedy should be ordered if the termination was not for a valid reason.']

Ratio Decidendi

The applicant's employment was not terminated for a valid reason. Her original employment was at the Bondi Junction branch in circumstances where the respondent knew of her concern about city crowds, and the proposed transfer to the city store had no proper operational basis and was in effect a breach of contract. The asserted lack of performance, measured by comparable apprehension numbers, was not a valid reason because that criterion had not been used during the previous six years, the applicant was disadvantaged by exclusion from other officers, she had been warned against arrests that could lead to litigation, and she had in fact made arrests in the final months of employment.

Court Disposition

Termination found not to be for a valid reason; reinstatement-style relief ordered.

Orders

  • ["The respondent appoint the applicant to the position of a uniformed loss prevention officer at the Bondi Junction store of the respondent's company." 'The employment of the applicant be for all purposes deemed to have been continuous from the date of termination.' 'The respondent pay to the applicant all...