Roger Blackey v Davidson Lighting Systems Pty Ltd [1995] IRCA 181

Roger Blackey v Davidson Lighting Systems Pty Ltd [1995] IRCA 181

The applicant did not resign on 23 November 1994 and did not say that he was resigning to Davidson or Kendry; the termination was therefore at the initiative of the respondent. Because no notice was given, the respondent breached s. 170DB, and because no valid reason of substance justified termination, the respondent breached s. 170DE(1). Reinstatement was impracticable, so compensation based on two months of the applicant's salary package was awarded.

Jurisdiction
Australia
Judgment Date
24 April 1995
Procedural Posture
Industrial Law Application Concerning Termination of Employment / Reasons for Judgment and Minutes of Orders
Outcome
Application upheld in part; compensation ordered for breaches of the Industrial Relations Act.
Legal Topics
['termination of Employment' 'resignation' 'valid Reason' 'notice of Termination' 'compensation']
['industrial Law' 'employment Law'] ['termination of Employment' 'resignation' 'valid Reason' 'notice of Termination' 'compensation']

Case Brief

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Procedural Posture

Industrial Law Application Concerning Termination of Employment / Reasons for Judgment and Minutes of Orders

Legal Issues

  1. 1 ['Whether the applicant resigned from his position or whether his employment was terminated at the initiative of the respondent.' 'Whether the respondent breached s. 170DB of the Industrial Relations Act by failing to give notice.' 'Whether the termination was for a valid reason under s. 170DE(1) of the Industrial Relations Act.' 'Whether reinstatement or compensation was the appropriate remedy.']

Ratio Decidendi

The applicant did not resign on 23 November 1994 and did not say that he was resigning to Davidson or Kendry; the termination was therefore at the initiative of the respondent. Because no notice was given, the respondent breached s. 170DB, and because no valid reason of substance justified termination, the respondent breached s. 170DE(1). Reinstatement was impracticable, so compensation based on two months of the applicant's salary package was awarded.

Court Disposition

Application upheld in part; compensation ordered for breaches of the Industrial Relations Act.

Orders

  • ['That the respondent pay to the applicant the sum of $7,833.00 within 21 days.']