Michael Conroy and Leisure Australia [1994] IRCA 130

Michael Conroy and Leisure Australia [1994] IRCA 130

The applicant was not excluded from protection under the Act because the second probationary period was not determined in advance; the respondent breached section 170DC by failing to provide the applicant an opportunity to respond to allegations made shortly before termination; reinstatement is impracticable, and compensation assessed as four months' remuneration minus pay in lieu of notice, totaling $9,435.91 gross.

Jurisdiction
Australia
Judgment Date
16 November 1994
Procedural Posture
Application Under Industrial Relations Act 1988 / Judgment
Outcome
Application granted for compensation; reinstatement not ordered as impracticable.
Legal Topics
['unlawful Termination' 'procedural Fairness' 'employee Exclusion Under Regulation' 'compensation Calculation']
['employment Law' 'industrial Relations'] ['unlawful Termination' 'procedural Fairness' 'employee Exclusion Under Regulation' 'compensation Calculation']

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Procedural Posture

Application Under Industrial Relations Act 1988 / Judgment

Legal Issues

  1. 1 ['Whether the applicant was excluded from protection under section 170CC and Regulation 30B of the Industrial Relations Act 1988' 'Whether the respondent breached section 170DC by failing to give the applicant an opportunity to respond to allegations' 'Appropriateness and quantum of compensation under section 170EE']

Ratio Decidendi

The applicant was not excluded from protection under the Act because the second probationary period was not determined in advance; the respondent breached section 170DC by failing to provide the applicant an opportunity to respond to allegations made shortly before termination; reinstatement is impracticable, and compensation assessed as four months' remuneration minus pay in lieu of notice, totaling $9,435.91 gross.

Court Disposition

Application granted for compensation; reinstatement not ordered as impracticable.

Orders

  • ["Termination of applicant's employment contravened s. 170DC of the Industrial Relations Act 1988." 'Respondent to pay applicant compensation of $9,435.91 (gross) within 21 days of 16 November 1994.']