Michael Slifka v J W Sanders Pty Ltd [1995] IRCA 238

Michael Slifka v J W Sanders Pty Ltd [1995] IRCA 238

The Respondent's repossession of company property, threats, and refusal to allow the Applicant to return to work constituted acts inconsistent with the continuation of the employment contract, amounting to constructive and unlawful termination by the employer in contravention of Division 3 Part VIA of the Industrial...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 June 1995
Procedural Posture
Industrial Law Claim / Final Judgment
Outcome
Applicant's claim for compensation upheld; unlawful termination found
Legal Topics
['termination of Employment' 'constructive Dismissal' 'long Service Leave' 'compensation' 'procedural Fairness']
['industrial Law' 'employment Law'] ['termination of Employment' 'constructive Dismissal' 'long Service Leave' 'compensation' 'procedural Fairness']

Source-derived case record

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Procedural Posture

Industrial Law Claim / Final Judgment

Legal Issues

  1. 1 ["Whether the Applicant's employment was constructively terminated" 'Whether the Applicant was entitled to additional compensation for long service leave' 'Whether procedural fairness was afforded to the Applicant']

Ratio Decidendi

The Respondent's repossession of company property, threats, and refusal to allow the Applicant to return to work constituted acts inconsistent with the continuation of the employment contract, amounting to constructive and unlawful termination by the employer in contravention of Division 3 Part VIA of the Industrial Relations Act 1988. Compensation was assessed as appropriate remedy due to impracticability of reinstatement.

Court Disposition

Applicant's claim for compensation upheld; unlawful termination found

Orders

  • ['The Respondent to pay the Applicant the sum of $3,140.00 pursuant to s170EE(5) of the Industrial Relations Act 1988.' 'The Respondent to pay the Applicant the sum of $8,000.00 by way of compensation.']