LEWIS -V- CPS CATERING PTY LTD [1997] IRCA 155

LEWIS -V- CPS CATERING PTY LTD [1997] IRCA 155

The respondent was bound by the Catering (Victoria) Award 1995 as a successor, assignee or transmittee of CJ's Catering Pty Ltd, but failed to consult the applicant or use the Award grievance procedures before insisting on a transfer. The proposed transfer was not a true operational requirement and was made because...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 May 1997
Procedural Posture
Application Pursuant to Section 170 EA of the Workplace Relations Act 1996 Concerning Alleged Unlawful Termination of Employment / Reasons for Decision and Orders After Hearing
Outcome
Application successful; respondent ordered to pay compensation and damages to the applicant.
Legal Topics
['unlawful Termination' 'termination at the Initiative of the Employer' 'resignation or Repudiation' 'valid Reason for Termination' 'operational Requirement for Transfer' 'opportunity to Respond' 'award Coverage and Successor Employers' 'grievance Procedures' 'reinstatement Impracticability' 'compensation and Damages for Lack of Notice']
['industrial Law' 'employment Law'] ['unlawful Termination' 'termination at the Initiative of the Employer' 'resignation or Repudiation' 'valid Reason for Termination' 'operational Requirement for Transfer' 'opportunity to Respond' 'award Coverage and Successor Employers' 'grievance Procedures' 'reinstatement Impracticability' 'compensation and Damages for Lack of Notice']

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Procedural Posture

Application Pursuant to Section 170 EA of the Workplace Relations Act 1996 Concerning Alleged Unlawful Termination of Employment / Reasons for Decision and Orders After Hearing

Legal Issues

  1. 1 ['Whether the applicant resigned or whether her employment was terminated at the initiative of the respondent.' "Whether the respondent had a valid reason for terminating the applicant's employment." 'Whether the proposed transfer was a true operational requirement.' 'Whether the applicant was adequately consulted and given the benefit of Award procedures before termination.' "Whether the respondent was bound by the Catering (Victoria) Award 1995 as a successor, assignee or transmittee of CJ's Catering Pty Ltd." 'Whether reinstatement was impracticable and what compensation or damages should be awarded.']

Ratio Decidendi

The respondent was bound by the Catering (Victoria) Award 1995 as a successor, assignee or transmittee of CJ's Catering Pty Ltd, but failed to consult the applicant or use the Award grievance procedures before insisting on a transfer. The proposed transfer was not a true operational requirement and was made because the applicant queried banking arrangements. The applicant's refusal to transfer was not a resignation or repudiation, and the respondent terminated her employment at its initiative on 12 June 1996 without valid reason, thereby contravening s 170DE(1) of the Workplace Relations Act 1996. Reinstatement was impracticable, so compensation and damages were ordered.

Court Disposition

Application successful; respondent ordered to pay compensation and damages to the applicant.

Orders

  • ['The respondent pay to the applicant compensation in the sum of $4036.00 pursuant to Section 170EE(3) of the Workplace Relations Act, 1996.' 'The respondent pay to the applicant damages in the sum of $243.00 pursuant to Subsection 170EE(5) of the Workplace Relations Act, 1996.' 'Such payments to be made within 21...