Clarke v. Godwin [2005] NSWIRComm 1201

Clarke v. Godwin [2005] NSWIRComm 1201

Mrs Clarke's dismissal was found unfair because, although there were instances of dissatisfaction with her work performance, she was not given adequate warning as required under S.88(c) of the Industrial Relations Act 1996. As reinstatement was impracticable and Mrs Clarke suffered a financial loss due to lower...

Source-derived case information.

Parties
Applicant: Michelle Clarke; Respondent: Karen Godwin
Jurisdiction
Australia
Judgment Date
22 December 2005
Procedural Posture
Unfair Dismissal Application / Decision After Arbitration
Outcome
Application allowed; unfair dismissal found; monetary compensation ordered
Legal Topics
Unfair Dismissal, Casual Employment, Termination of Employment, Warning Regarding Performance, Compensation Assessment
Industrial Law Employment Law Unfair Dismissal Casual Employment Termination of Employment Warning Regarding Performance Compensation Assessment

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Parties

Michelle Clarke

Applicant

Karen Godwin

Respondent

Procedural Posture

Unfair Dismissal Application / Decision After Arbitration

Legal Issues

  1. 1 Whether the dismissal of Mrs Clarke amounted to unfair dismissal under Part 6, Chapter 2 of the Industrial Relations Act 1996
  2. 2 Whether Mrs Clarke was a casual employee entitled to the protection of Part 6
  3. 3 Whether adequate warning of unsatisfactory performance was given

Ratio Decidendi

Mrs Clarke's dismissal was found unfair because, although there were instances of dissatisfaction with her work performance, she was not given adequate warning as required under S.88(c) of the Industrial Relations Act 1996. As reinstatement was impracticable and Mrs Clarke suffered a financial loss due to lower subsequent wages, she was awarded monetary compensation.

Court Disposition

Application allowed; unfair dismissal found; monetary compensation ordered

Orders

  • Mrs Karen Godwin shall pay the sum of $5,500.00 to Mrs Michelle Clarke within 28 days of the order.
  • This order shall take effect on and from Thursday, 22 December, 2005.