Eggleton v Kingsgrove Medical Centre Pty Ltd [1997] IRCA 50

Eggleton v Kingsgrove Medical Centre Pty Ltd [1997] IRCA 50

Compensation for shock, humiliation and distress arising from unlawful termination is recoverable under s 170EE(2), including in cases involving sexual harassment, but compensation for statutory superannuation payments is not available as 'remuneration' under s 170EE(3). Economic loss during the unemployment period...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 March 1997
Procedural Posture
Termination of Employment Compensation Claim / Post Liability Judgment (quantum and Orders)
Outcome
Compensation awarded for unlawful termination; economic loss and distress covered; statutory superannuation declined; compensation for change in weekend work declined.
Legal Topics
['termination of Employment' 'compensation' 'remuneration' 'sexual Harassment' 'unlawful Dismissal' 'economic Loss']
['industrial Law' 'employment Law'] ['termination of Employment' 'compensation' 'remuneration' 'sexual Harassment' 'unlawful Dismissal' 'economic Loss']

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Procedural Posture

Termination of Employment Compensation Claim / Post Liability Judgment (quantum and Orders)

Legal Issues

  1. 1 ["Whether compensation for hurt feelings, humiliation, and distress is available under s 170EE(2) of Workplace Relations Act 1996; whether statutory superannuation payments fall within 'remuneration' under s 170EE(3); quantification of economic loss and distress; entitlement to compensation for change in work conditions post-termination"]

Ratio Decidendi

Compensation for shock, humiliation and distress arising from unlawful termination is recoverable under s 170EE(2), including in cases involving sexual harassment, but compensation for statutory superannuation payments is not available as 'remuneration' under s 170EE(3). Economic loss during the unemployment period is recoverable, but no compensation for weekend work is available where earnings are similar.

Court Disposition

Compensation awarded for unlawful termination; economic loss and distress covered; statutory superannuation declined; compensation for change in weekend work declined.

Orders

  • ['Respondent to pay applicant within 21 days as compensation for unlawful termination: $5912.14' 'Any amount paid by respondent to Commissioner for Taxation within 21 days in respect of the above sum is regarded as pro-tanto satisfaction of judgment debt']