BENIER and FOWLER v OLDER PERSONS RIGHTS SERVICE INC [1997] IRCA 59

BENIER and FOWLER v OLDER PERSONS RIGHTS SERVICE INC [1997] IRCA 59

The respondent failed to appear and did not discharge the onus of proving a valid reason for the applicants' termination. The purported reason given was not established as genuine, and the evidence pointed to improper motives by the management committee. Compensation, rather than reinstatement, was appropriate.

Jurisdiction
Australia
Judgment Date
28 February 1997
Procedural Posture
Employment Law—unlawful Termination Claim / Decision—compensation Order
Outcome
Compensation awarded to both applicants; orders made accordingly.
Legal Topics
['unlawful Termination' 'compensation' 'procedural Fairness' 'employment Contracts']
['industrial Law' 'employment Law'] ['unlawful Termination' 'compensation' 'procedural Fairness' 'employment Contracts']

Case Brief

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Procedural Posture

Employment Law—unlawful Termination Claim / Decision—compensation Order

Legal Issues

  1. 1 ["Whether there was a valid reason for the termination of the applicants' employment under s 170DE(1) of the Workplace Relations Act 1996" 'Whether the respondent discharged the burden to show a valid reason for termination' 'Appropriate remedy for unlawful termination']

Ratio Decidendi

The respondent failed to appear and did not discharge the onus of proving a valid reason for the applicants' termination. The purported reason given was not established as genuine, and the evidence pointed to improper motives by the management committee. Compensation, rather than reinstatement, was appropriate.

Court Disposition

Compensation awarded to both applicants; orders made accordingly.

Orders

  • ['The respondent pay to Ms Benier compensation in the amount of $1,663.60, within 14 days of the date of this order.' 'The respondent pay to Ms Fowler compensation in the amount of $3,060.00, within 14 days of the date of this order.']