Peter Ward v C T Freight Pty Ltd [1995] IRCA 303

Peter Ward v C T Freight Pty Ltd [1995] IRCA 303

The respondent breached section 170DC because it terminated the applicant without first putting to him the matters relied on in the termination letter or warning him that his employment was at risk, in circumstances where there was no reason the allegations could not have been put. The respondent also failed to prove a valid reason for termination: the applicant had a headache, produced a medical certificate, had been told to do the work or go home, and was not manifesting an intention to repudiate his contract. Reinstatement was impracticable because the workplace was very small and reinstatement would cause disharmony and loss of productivity. Compensation of $6191.90 was appropriate,...

Jurisdiction
Australia
Judgment Date
04 July 1995
Procedural Posture
Application Under Subdivision 3 of Part VIA of the Industrial Relations Act Seeking Reinstatement After Termination of Employment / Reasons for Judgment and Minutes of Orders After Hearing
Outcome
Application upheld in part; reinstatement refused as impracticable; compensation ordered.
Legal Topics
['termination of Employment' 'opportunity to Respond' 'serious Misconduct' 'valid Reason for Termination' 'reinstatement' 'compensation']
['industrial Law' 'employment Law'] ['termination of Employment' 'opportunity to Respond' 'serious Misconduct' 'valid Reason for Termination' 'reinstatement' 'compensation']

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Procedural Posture

Application Under Subdivision 3 of Part VIA of the Industrial Relations Act Seeking Reinstatement After Termination of Employment / Reasons for Judgment and Minutes of Orders After Hearing

Legal Issues

  1. 1 ['Whether the respondent breached section 170DC of the Industrial Relations Act by terminating the applicant without putting the allegations to him and warning him that his employment was at risk.' "Whether the respondent had a valid reason to terminate the applicant's employment under section 170DE, having regard to his refusal to perform particular duties and his medical certificate for a tension headache." "Whether reinstatement was practicable in the respondent's small workplace." 'Whether compensation should be ordered and in what amount.']

Ratio Decidendi

The respondent breached section 170DC because it terminated the applicant without first putting to him the matters relied on in the termination letter or warning him that his employment was at risk, in circumstances where there was no reason the allegations could not have been put. The respondent also failed to prove a valid reason for termination: the applicant had a headache, produced a medical certificate, had been told to do the work or go home, and was not manifesting an intention to repudiate his contract. Reinstatement was impracticable because the workplace was very small and reinstatement would cause disharmony and loss of productivity. Compensation of $6191.90 was appropriate,...

Court Disposition

Application upheld in part; reinstatement refused as impracticable; compensation ordered.

Orders

  • ['That the respondent, within 21 days, pay to the applicant the sum of $6191.90.']