Herskind-Nielsen and Ansdale Pty Ltd t.as Visual Mathematics. [2006] NSWIRComm 1044

Herskind-Nielsen and Ansdale Pty Ltd t.as Visual Mathematics. [2006] NSWIRComm 1044

The Commission found, on the balance of probabilities, that the respondent assaulted the applicant and terminated her employment, making the dismissal harsh, unjust and unreasonable. The evidence and statutory declarations from the respondent were insufficient to prove voluntary resignation. The out of time application was accepted due to sufficient reason, including applicant's shock and unfamiliarity with Australian law.

Parties
Applicant: Ms. Ayla Herskind-Nielsen; Respondent: Visual Mathematics
Jurisdiction
Australia
Judgment Date
14 March 2006
Procedural Posture
Unfair Dismissal Application / Final Determination Following Arbitration
Outcome
application upheld; compensation awarded
Legal Topics
Unfair Dismissal, Employment Contract, Out of Time Application, Termination of Employment
Employment Law Industrial Relations Unfair Dismissal Employment Contract Out of Time Application Termination of Employment

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Parties

Ms. Ayla Herskind-Nielsen

Applicant

Visual Mathematics

Respondent

Procedural Posture

Unfair Dismissal Application / Final Determination Following Arbitration

Legal Issues

  1. 1 Whether the unfair dismissal application should be accepted out of time
  2. 2 Whether termination occurred at the instigation of the respondent
  3. 3 Whether actions of the respondent constituted harsh, unjust, or unreasonable dismissal

Ratio Decidendi

The Commission found, on the balance of probabilities, that the respondent assaulted the applicant and terminated her employment, making the dismissal harsh, unjust and unreasonable. The evidence and statutory declarations from the respondent were insufficient to prove voluntary resignation. The out of time application was accepted due to sufficient reason, including applicant's shock and unfamiliarity with Australian law.

Court Disposition

application upheld; compensation awarded

Orders

  • That the respondent Ansdale Pty Ltd trading as Visual Mathematics pay to the applicant Ms. Ayla Herskind-Nielsen the sum of $5000.
  • Such payment must be made to the applicant within 21 days of the date of this Decision.