Roland William Maynard v Concept Computer Systems Australia Pty Ltd [1995] IRCA 58

Roland William Maynard v Concept Computer Systems Australia Pty Ltd [1995] IRCA 58

The applicant was an employee and not an independent contractor; the respondent breached sections 170DB (notice of termination), 170DC (procedural fairness), and 170DE (valid reason for termination) of the Industrial Relations Act; compensation of $5,000.00 is appropriate given the applicant's circumstances.

Parties
Applicant: Roland William Maynard; Respondent: Concept Computer Systems Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
13 February 1995
Procedural Posture
Application Under Section 170 DE of the Industrial Relations Act / Judgment
Outcome
Application granted; compensation ordered.
Legal Topics
Termination of Employment, Employment Relationship, Opportunity to Respond to Allegations, Failure to Give Proper Notice, Compensation
Industrial Law Termination of Employment Employment Relationship Opportunity to Respond to Allegations Failure to Give Proper Notice Compensation

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Parties

Roland William Maynard

Applicant

Concept Computer Systems Australia Pty Ltd

Respondent

Procedural Posture

Application Under Section 170 DE of the Industrial Relations Act / Judgment

Legal Issues

  1. 1 Whether applicant was an employee or independent contractor
  2. 2 Whether proper notice of termination was given
  3. 3 Whether applicant was afforded procedural fairness

Ratio Decidendi

The applicant was an employee and not an independent contractor; the respondent breached sections 170DB (notice of termination), 170DC (procedural fairness), and 170DE (valid reason for termination) of the Industrial Relations Act; compensation of $5,000.00 is appropriate given the applicant's circumstances.

Court Disposition

Application granted; compensation ordered.

Orders

  • Respondent to pay applicant $5,000.00 within 21 days of the date of judgment.