Armstrong &Notaras [2005] NSWIRComm 1073

Armstrong &Notaras [2005] NSWIRComm 1073

The respondent terminated the applicant on 21 July 2004 because the respondent's conduct and comments, including taking back the applicant's keys after six weeks without shifts and raising staff opposition, objectively equated to termination. The one-day late application was accepted under section 85(3) because of the brief delay and hardship to the applicant. The dismissal was harsh, unjust and unreasonable because the applicant was a long-serving employee with no proven prior warnings, the respondent delayed unreasonably before meeting with her, did not give her shifts or clarity about her future, and left her to seek alternative employment out of necessity. Compensation of $10,000 was...

Jurisdiction
Australia
Judgment Date
13 May 2005
Procedural Posture
Application Re Unfair Dismissal Pursuant to Section 84 of the Industrial Relations Act 1996 / Decision After Hearing
Outcome
Application accepted out of time; termination found harsh, unjust and unreasonable; monetary compensation awarded.
Legal Topics
['unfair Dismissal' 'termination of Employment' 'casual Employment' 'application Out of Time' 'compensation']
['industrial Relations' 'employment Law'] ['unfair Dismissal' 'termination of Employment' 'casual Employment' 'application Out of Time' 'compensation']

Case Brief

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Procedural Posture

Application Re Unfair Dismissal Pursuant to Section 84 of the Industrial Relations Act 1996 / Decision After Hearing

Legal Issues

  1. 1 ['Whether a termination of employment by the respondent of the applicant took place so as to give the Commission jurisdiction.' 'Whether the unfair dismissal application filed on 12 August 2004 was out of time and should be accepted.' 'Whether the termination was harsh, unreasonable or unjust.' 'Whether compensation should be awarded.']

Ratio Decidendi

The respondent terminated the applicant on 21 July 2004 because the respondent's conduct and comments, including taking back the applicant's keys after six weeks without shifts and raising staff opposition, objectively equated to termination. The one-day late application was accepted under section 85(3) because of the brief delay and hardship to the applicant. The dismissal was harsh, unjust and unreasonable because the applicant was a long-serving employee with no proven prior warnings, the respondent delayed unreasonably before meeting with her, did not give her shifts or clarity about her future, and left her to seek alternative employment out of necessity. Compensation of $10,000 was...

Court Disposition

Application accepted out of time; termination found harsh, unjust and unreasonable; monetary compensation awarded.

Orders

  • ['That Irene Notaras shall pay the sum of $10,000 to Ms.Kelly Learne Armstrong within 28 days.' 'That this order shall take effect on and from Friday, 13 May 2005.']