Wilkinson v Birdon Group [2005] NSWIRComm 97

Wilkinson v Birdon Group [2005] NSWIRComm 97

Ms Wilkinson's employment ended because of the employer's conduct, which was deliberately designed to cause her to leave. The respondent returned her from workplace-generated stress leave into an intolerable situation, placed her with Mr Maiden, gave no clear information about her duties or return-to-work arrangements, and had recently engaged another person in her old job. The events of 27 April 2004 could not be separated from the humiliating and unacceptable conduct in November 2003, including the statement that she could sit with the dogs. The termination was harsh, unreasonable and unjust; reinstatement or re-employment was not practical, so maximum compensation was ordered.

Jurisdiction
Australia
Judgment Date
04 April 2005
Procedural Posture
Application Re Unfair Dismissal Pursuant to Section 84 of Industrial Relations Act 1996 / Decision and Orders
Outcome
Application upheld; constructive dismissal found; termination held harsh, unreasonable and unjust; maximum compensation awarded.
Legal Topics
['unfair Dismissal' 'constructive Dismissal' 'workplace Bullying' 'compensation' 'return to Work After Stress Leave']
['industrial Relations' 'employment Law'] ['unfair Dismissal' 'constructive Dismissal' 'workplace Bullying' 'compensation' 'return to Work After Stress Leave']

Case Brief

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Procedural Posture

Application Re Unfair Dismissal Pursuant to Section 84 of Industrial Relations Act 1996 / Decision and Orders

Legal Issues

  1. 1 ["Whether Ms Wilkinson's departure from the workplace on 27 April 2004 constituted abandonment of employment or constructive dismissal." "Whether the termination of Ms Wilkinson's employment was harsh, unreasonable and unjust." 'Whether reinstatement or re-employment was practical and, if not, what compensation should be awarded.']

Ratio Decidendi

Ms Wilkinson's employment ended because of the employer's conduct, which was deliberately designed to cause her to leave. The respondent returned her from workplace-generated stress leave into an intolerable situation, placed her with Mr Maiden, gave no clear information about her duties or return-to-work arrangements, and had recently engaged another person in her old job. The events of 27 April 2004 could not be separated from the humiliating and unacceptable conduct in November 2003, including the statement that she could sit with the dogs. The termination was harsh, unreasonable and unjust; reinstatement or re-employment was not practical, so maximum compensation was ordered.

Court Disposition

Application upheld; constructive dismissal found; termination held harsh, unreasonable and unjust; maximum compensation awarded.

Orders

  • ['Pursuant to s 89(5) of Industrial Relations Act 1996 Birdon Group is ordered to pay to Ms Amy Wilkinson the amount of $15,999.88 within 21 days of the date of this decision.']