Stone v Broken Hill Pty Ltd [1996] IRCA 133

Stone v Broken Hill Pty Ltd [1996] IRCA 133

The Applicant's unauthorised departure from a safety critical work area during his shift to play eight-ball was misconduct and a valid reason for termination, and the termination was not shown to be harsh, unjust or unreasonable. However, because the risk to others was relatively small and the circumstances in which it could arise were rare, the conduct was not serious misconduct, so the Applicant was entitled to payment in lieu of notice and damages equivalent to four weeks wages.

Jurisdiction
Australia
Judgment Date
29 February 1996
Procedural Posture
Application Pursuant to S170 EA of the Industrial Relations Act Alleging Unlawful Termination of Employment / Reasons for Judgment and Orders
Outcome
The Respondent was ordered to pay damages equivalent to four weeks wages to the Applicant, and all other aspects of the application were dismissed.
Legal Topics
['termination of Employment' 'unlawful Termination' 'misconduct' 'payment in Lieu of Notice' 'reinstatement']
['industrial Law' 'employment Law'] ['termination of Employment' 'unlawful Termination' 'misconduct' 'payment in Lieu of Notice' 'reinstatement']

Case Brief

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Procedural Posture

Application Pursuant to S170 EA of the Industrial Relations Act Alleging Unlawful Termination of Employment / Reasons for Judgment and Orders

Legal Issues

  1. 1 ["Whether the Applicant's employment was terminated unlawfully." 'Whether leaving the work site during a shift without supervisor approval amounted to misconduct and provided a valid reason for termination.' 'Whether the termination was harsh, unjust or unreasonable.' "Whether the Applicant's conduct was serious misconduct disentitling him to payment in lieu of notice."]

Ratio Decidendi

The Applicant's unauthorised departure from a safety critical work area during his shift to play eight-ball was misconduct and a valid reason for termination, and the termination was not shown to be harsh, unjust or unreasonable. However, because the risk to others was relatively small and the circumstances in which it could arise were rare, the conduct was not serious misconduct, so the Applicant was entitled to payment in lieu of notice and damages equivalent to four weeks wages.

Court Disposition

The Respondent was ordered to pay damages equivalent to four weeks wages to the Applicant, and all other aspects of the application were dismissed.

Orders

  • ['The Respondent pay damages to the Applicant equivalent to four weeks wages pursuant to S170EE(5).' 'All other aspects of the Application are dismissed.']