Nicholl v Bard Australia Pty Ltd [1996] IRCA 602

Nicholl v Bard Australia Pty Ltd [1996] IRCA 602

The Applicant's employment was validly terminated for underperformance, but the Respondent breached the implied term of the contract requiring reasonable notice; damages are payable to the Applicant for this breach.

Source-derived case information.

Parties
Applicant: Nicholl; Respondent: Bard Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
26 November 1996
Procedural Posture
Employment Dispute / Judgment
Outcome
Application under s170EA dismissed; damages awarded to Applicant for breach of contract requiring reasonable notice.
Legal Topics
Termination of Employment, Reasonable Notice, Breach of Contract, Associated Jurisdiction, Unlawful Termination
Industrial Law Employment Law Termination of Employment Reasonable Notice Breach of Contract Associated Jurisdiction Unlawful Termination

Source-derived case record

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Parties

Nicholl

Applicant

Bard Australia Pty Ltd

Respondent

Procedural Posture

Employment Dispute / Judgment

Legal Issues

  1. 1 Whether the Applicant was lawfully terminated for a valid reason under s170DE(1) of the Workplace Relations Act 1996
  2. 2 Whether the Respondent provided reasonable notice or payment in lieu as implied in the employment contract

Ratio Decidendi

The Applicant's employment was validly terminated for underperformance, but the Respondent breached the implied term of the contract requiring reasonable notice; damages are payable to the Applicant for this breach.

Court Disposition

Application under s170EA dismissed; damages awarded to Applicant for breach of contract requiring reasonable notice.

Orders

  • The application pursuant to s170EA of the Act be dismissed.
  • The Respondent pay the Applicant within 21 days the sum of $12,078.31, damages for breach of contract of employment and specifically breach of the implied term that reasonable notice of termination be given or payment in lieu thereof.