Michael Bodo Hollmann v Metro Tune [1996] IRCA 80

Michael Bodo Hollmann v Metro Tune [1996] IRCA 80

The applicant’s uncontested evidence established that the respondent terminated his employment in contravention of the Industrial Relations Act 1988. Damages and compensation were awarded as the Court was satisfied termination occurred and reinstatement was impracticable.

Jurisdiction
Australia
Judgment Date
12 March 1996
Procedural Posture
Unlawful Termination Application / Decision on Uncontested Application
Outcome
Application upheld; damages and compensation awarded to the applicant.
Legal Topics
['termination of Employment' 'unlawful Termination' 'compensation' 'damages']
['industrial Law'] ['termination of Employment' 'unlawful Termination' 'compensation' 'damages']

Case Brief

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Procedural Posture

Unlawful Termination Application / Decision on Uncontested Application

Legal Issues

  1. 1 ["Whether the applicant's employment was unlawfully terminated" 'Whether the applicant is entitled to damages and compensation under the Industrial Relations Act 1988']

Ratio Decidendi

The applicant’s uncontested evidence established that the respondent terminated his employment in contravention of the Industrial Relations Act 1988. Damages and compensation were awarded as the Court was satisfied termination occurred and reinstatement was impracticable.

Court Disposition

Application upheld; damages and compensation awarded to the applicant.

Orders

  • ['The respondent pay to the applicant damages in the sum of $425 gross pursuant to section 170EE(5) of the Industrial Relations Act 1988.' 'The respondent pay to the applicant compensation in the sum of $4,000 pursuant to section 170EE(3) of the Industrial Relations Act 1988.']