Melissa Lucia Ciampa v John Licandro [1995] IRCA 294

Melissa Lucia Ciampa v John Licandro [1995] IRCA 294

The applicant's employment was terminated at the initiative of the employer due to her pregnancy, in contravention of S170DF(1)(f) of the Industrial Relations Act 1988, and this amounted to unlawful termination requiring compensation.

Parties
Applicant: Melissa Lucia Ciampa; Respondent: John Licandro
Jurisdiction
Australia
Judgment Date
30 June 1995
Procedural Posture
Application Under the Industrial Relations Act 1988 / Judgment After Hearing
Outcome
Application allowed. Orders for damages and compensation made in favour of the applicant.
Legal Topics
Unlawful Termination, Pregnancy Discrimination, Constructive Dismissal, Compensation
Employment Law Industrial Relations Unlawful Termination Pregnancy Discrimination Constructive Dismissal Compensation

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Parties

Melissa Lucia Ciampa

Applicant

John Licandro

Respondent

Procedural Posture

Application Under the Industrial Relations Act 1988 / Judgment After Hearing

Legal Issues

  1. 1 Whether the applicant's employment was terminated at the initiative of the employer because of her pregnancy
  2. 2 Whether the conduct amounted to constructive dismissal
  3. 3 Whether the dismissal contravened S170DF(1)(f) of the Industrial Relations Act 1988

Ratio Decidendi

The applicant's employment was terminated at the initiative of the employer due to her pregnancy, in contravention of S170DF(1)(f) of the Industrial Relations Act 1988, and this amounted to unlawful termination requiring compensation.

Court Disposition

Application allowed. Orders for damages and compensation made in favour of the applicant.

Orders

  • That the respondent pay to the applicant the amount of $450.00 in damages.
  • That the respondent pay to the applicant compensation in the amount of $5,400.00.