Michael Carter v Bridgestone Australia Limited [1995] IRCA 99

Michael Carter v Bridgestone Australia Limited [1995] IRCA 99

The dismissal of the Applicant was considered harsh, unjust and unreasonable because, after the final warning, the Applicant showed a clear improvement, and the only reasonable complaint against him was a single instance of lateness five and a half months later. The employer acted inconsistently in treating lateness and absenteeism, making the termination unlawful under the Act.

Parties
Applicant: Michael Carter; Respondent: Bridgestone Australia Limited
Jurisdiction
Australia
Judgment Date
09 March 1995
Procedural Posture
Application Under Industrial Relations Act 1988 / Final Judgment
Outcome
Applicant awarded compensation; termination found unlawful due to harsh, unjust and unreasonable dismissal.
Legal Topics
Termination of Employment, Warnings, Harsh, Unjust or Unreasonable Dismissal, Compensation
Industrial Law Termination of Employment Warnings Harsh, Unjust or Unreasonable Dismissal Compensation

Case Brief

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Parties

Michael Carter

Applicant

Bridgestone Australia Limited

Respondent

Procedural Posture

Application Under Industrial Relations Act 1988 / Final Judgment

Legal Issues

  1. 1 Whether Applicant was dismissed because of temporary absence due to illness
  2. 2 Whether termination was harsh, unjust or unreasonable
  3. 3 Whether Applicant was entitled to sick leave under the Award

Ratio Decidendi

The dismissal of the Applicant was considered harsh, unjust and unreasonable because, after the final warning, the Applicant showed a clear improvement, and the only reasonable complaint against him was a single instance of lateness five and a half months later. The employer acted inconsistently in treating lateness and absenteeism, making the termination unlawful under the Act.

Court Disposition

Applicant awarded compensation; termination found unlawful due to harsh, unjust and unreasonable dismissal.

Orders

  • The termination of the employment of the Applicant by the Respondent contravened Division 3 of Part VIA of the Industrial Relations Act 1988.
  • The Respondent to pay the Applicant the sum of $9,000.00 by way of compensation within fourteen days of the date of judgment.