HERDEGEN -v- WOOLWORTHS LTD [1997] IRCA 86

HERDEGEN -v- WOOLWORTHS LTD [1997] IRCA 86

The Court found that the applicant grabbed Miss Booth by the ponytail, threatened to put or slam her head through the wall, and pushed her head into the wall. Given his position as Assistant Manager and Acting Manager, the power imbalance, and the nature of the assault and threat against a young female junior...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 February 1997
Procedural Posture
Application Alleging Unlawful Termination of Employment / Final Hearing; Reasons for Decision and Orders
Outcome
Application dismissed.
Legal Topics
['termination of Employment' 'valid Reason' 'serious Misconduct' 'summary Termination' 'opportunity to Respond to Allegations' 'procedural Fairness']
['industrial Law' 'employment Law' 'evidence'] ['termination of Employment' 'valid Reason' 'serious Misconduct' 'summary Termination' 'opportunity to Respond to Allegations' 'procedural Fairness']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application Alleging Unlawful Termination of Employment / Final Hearing; Reasons for Decision and Orders

Legal Issues

  1. 1 ["Whether the applicant's conduct in the systems room on 26 July 1996 occurred as alleged, including whether he grabbed Miss Booth by the ponytail, threatened her, and pushed her head into the wall." 'Whether that conduct was serious misconduct warranting summary termination of employment.' 'Whether there was a valid reason for termination under section 170DE(1) of the Workplace Relations Act, 1996.' 'Whether the respondent breached section 170DC of the Workplace Relations Act, 1996 by not giving the applicant an opportunity to argue that his employment should not be terminated.']

Ratio Decidendi

The Court found that the applicant grabbed Miss Booth by the ponytail, threatened to put or slam her head through the wall, and pushed her head into the wall. Given his position as Assistant Manager and Acting Manager, the power imbalance, and the nature of the assault and threat against a young female junior employee, the conduct was serious misconduct and a valid reason for termination under section 170DE(1). Even if the applicant was not given an opportunity to argue that his employment should not be terminated, section 170DC was not breached because the seriousness of the misconduct meant there was no reasonable alternative to termination and it would have been futile and unreasonable...

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.']