Mary Abbott-Etherington and Houghton Motors Pty Ltd [1995] IRCA 558

Mary Abbott-Etherington and Houghton Motors Pty Ltd [1995] IRCA 558

Reinstatement was held impracticable because senior management had irretrievably lost confidence in the applicant's suitability as New Vehicle Sales Manager due to fundamental differences about management style and company operations, which would undermine workplace harmony. Compensation was granted as the appropriate remedy instead.

Parties
Applicant: Mary Abbott-Etherington; Respondent: Houghton Motors Pty Ltd
Jurisdiction
Australia
Judgment Date
31 May 1995
Procedural Posture
Unlawful Termination of Employment Claim / Judgment After Hearing
Outcome
Compensation awarded
Legal Topics
Unlawful Termination, Procedural Unfairness, Remedies, Compensation, Reinstatement, Impracticability of Reinstatement
Industrial Law Unlawful Termination Procedural Unfairness Remedies Compensation Reinstatement Impracticability of Reinstatement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mary Abbott-Etherington

Applicant

Houghton Motors Pty Ltd

Respondent

Procedural Posture

Unlawful Termination of Employment Claim / Judgment After Hearing

Legal Issues

  1. 1 Whether the termination of employment was unlawful due to non-compliance with procedural fairness under s 170DC of the Industrial Relations Act 1988
  2. 2 Whether reinstatement of the applicant was impracticable within the meaning of s 170EE(2) of the Industrial Relations Act 1988
  3. 3 Appropriate remedy for the applicant

Ratio Decidendi

Reinstatement was held impracticable because senior management had irretrievably lost confidence in the applicant's suitability as New Vehicle Sales Manager due to fundamental differences about management style and company operations, which would undermine workplace harmony. Compensation was granted as the appropriate remedy instead.

Court Disposition

Compensation awarded

Orders

  • The respondent pay to the applicant the sum of $30,000 by way of compensation for the unlawful termination of her employment.
  • The amount of compensation be paid within 21 days of the date of this order.