Pitman v B & M Graphic Print Pty Ltd [1996] IRCA 421

Pitman v B & M Graphic Print Pty Ltd [1996] IRCA 421

The respondent breached ss170DE and 170DC of the Industrial Relations Act 1988 by terminating the applicant without providing a valid reason and failing to give the applicant a genuine opportunity to respond to the allegations, thereby rendering the dismissal unlawful.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 September 1996
Procedural Posture
Unlawful Termination Claim / Judgment
Outcome
Applicant successful; respondent found in breach of ss170DE and 170DC of the Industrial Relations Act 1988.
Legal Topics
['unlawful Termination' 'valid Reason' 'conduct and Performance' 'opportunity to Respond' 'compensation']
['industrial Law'] ['unlawful Termination' 'valid Reason' 'conduct and Performance' 'opportunity to Respond' 'compensation']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Unlawful Termination Claim / Judgment

Legal Issues

  1. 1 ["Whether the respondent had a valid reason for terminating the applicant's employment" 'Whether the applicant was given an opportunity to respond to performance allegations before termination' 'Whether the respondent breached ss170DE and 170DC of the Industrial Relations Act 1988']

Ratio Decidendi

The respondent breached ss170DE and 170DC of the Industrial Relations Act 1988 by terminating the applicant without providing a valid reason and failing to give the applicant a genuine opportunity to respond to the allegations, thereby rendering the dismissal unlawful.

Court Disposition

Applicant successful; respondent found in breach of ss170DE and 170DC of the Industrial Relations Act 1988.

Orders

  • ['Respondent has breached ss170DE and 170DC of the Act.' 'Respondent to pay applicant $5,000.00 in compensation within 14 days.']