Gorman & McCord [2008] NSWIRComm 1038

Gorman & McCord [2008] NSWIRComm 1038

The Commission found that the reasons alleged for the applicant's termination were not based on fact, procedural fairness was not observed, and the dismissal was harsh, unjust, and unreasonable. The respondent failed to prove allegations of misconduct and did not give the applicant a fair opportunity to respond to...

Source-derived case information.

Parties
Applicant: Ms Kim Gorman; Respondent: Sarah McCord
Jurisdiction
Australia
Judgment Date
14 May 2008
Procedural Posture
Unfair Dismissal / Decision
Outcome
Application upheld. Compensation awarded.
Legal Topics
Unfair Dismissal, Procedural Fairness, Employment Termination, Compensation
Employment Law Industrial Relations Unfair Dismissal Procedural Fairness Employment Termination Compensation

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ms Kim Gorman

Applicant

Sarah McCord

Respondent

Procedural Posture

Unfair Dismissal / Decision

Legal Issues

  1. 1 Whether the dismissal of the applicant was harsh, unjust or unreasonable under s84 of the Industrial Relations Act 1996
  2. 2 Whether the reasons given for the termination were based on fact
  3. 3 Whether procedural fairness was accorded to the applicant

Ratio Decidendi

The Commission found that the reasons alleged for the applicant's termination were not based on fact, procedural fairness was not observed, and the dismissal was harsh, unjust, and unreasonable. The respondent failed to prove allegations of misconduct and did not give the applicant a fair opportunity to respond to issues prior to termination.

Court Disposition

Application upheld. Compensation awarded.

Orders

  • The respondent Ms Sarah Lynette McCord is to pay to the applicant Ms Kim Louise Gorman the sum of ten thousand dollars ($10,000).
  • This payment must be paid to Ms Gorman within 28 days of the date of this Decision.