Mr H M Bean & Mrs J Bean and Milstern Retirement Services Pty Ltd [1994] IRCA 167

Mr H M Bean & Mrs J Bean and Milstern Retirement Services Pty Ltd [1994] IRCA 167

The respondent contravened s.170DC by terminating the applicants' employment without giving them the opportunity to respond to the allegations which formed the basis for dismissal. The appropriate remedy, given circumstances and deterioration of the working relationship, was compensation, not reinstatement.

Jurisdiction
Australia
Judgment Date
16 December 1994
Procedural Posture
Application Under S. 170 EA of the Industrial Relations Act 1988 / Judgment and Orders on Application
Outcome
Application granted in part; declaration of contravention and compensation ordered.
Legal Topics
['unlawful Termination' 'opportunity to Respond' 'compensation for Unfair Dismissal']
['employment Law' 'industrial Relations'] ['unlawful Termination' 'opportunity to Respond' 'compensation for Unfair Dismissal']

Case Brief

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Procedural Posture

Application Under S. 170 EA of the Industrial Relations Act 1988 / Judgment and Orders on Application

Legal Issues

  1. 1 ["Whether the applicant's employment was unlawfully terminated in contravention of section 170DC of the Industrial Relations Act 1988" 'What remedies are appropriate if termination was unlawful']

Ratio Decidendi

The respondent contravened s.170DC by terminating the applicants' employment without giving them the opportunity to respond to the allegations which formed the basis for dismissal. The appropriate remedy, given circumstances and deterioration of the working relationship, was compensation, not reinstatement.

Court Disposition

Application granted in part; declaration of contravention and compensation ordered.

Orders

  • ['The termination of the employment of each of the applicants by the respondent contravened s. 170DC of the Industrial Relations Act 1988.' 'The respondent is to pay Mr Harold Malcolm Bean compensation of $25,000.00.' 'The respondent is to pay Mrs Jean Bean compensation of $30,000.00.' 'The compensation is to be...