Robert Cummins v Sunraysia Rural Water Authority [1995] IRCA 539

Procedural Posture

Application Under S.170 EA of the Industrial Relations Act 1988 Concerning Termination of Employment / Reasons for Decision and Orders After Hearing

Legal Issues

1. 1 ['Whether the parties reached an accord and satisfaction or executory accord requiring the proceeding to be permanently stayed.' 'Whether the respondent had a valid reason for termination based on operational requirements.' 'Whether the termination was harsh, unjust or unreasonable because of lack of warning, lack of consultation and reliance on performance matters not put to the applicant.' 'Whether reinstatement was an appropriate remedy or was impracticable.' 'What compensation should be ordered under the statutory limit.' 'Whether the respondent was entitled to direct the applicant to take annual leave and long service leave during the notice period.']

Ratio Decidendi

The proceeding was not settled because the December 1994 arrangements only put the application in abeyance while redeployment was pursued and did not contain an agreement that the application would be withdrawn. Although the respondent had a valid operational reason for making the position redundant, the termination was harsh, unjust and unreasonable because the long-serving applicant received no advance warning or consultation and performance and team-related criticisms were not put to him. Reinstatement was impracticable because the applicant would not adjust to the team structure and reinstatement would prevent the customer service administration team from functioning effectively, and...

Court Disposition

Application upheld in part; reinstatement refused; compensation and leave payment ordered.

Orders

• ['That the respondent pay to the applicant the sums of $14,044.68 and $5,941.98, a total of $19,986.66 within 21 days.']