Sandy Helen Milham and Marianne Duncan [1995] IRCA 22

Sandy Helen Milham and Marianne Duncan [1995] IRCA 22

The respondent breached the requirements of procedural fairness under the Industrial Relations Act 1988 by dismissing the applicant without giving her an opportunity to defend herself regarding the incident of 19 July 1994. Compensation was limited given the likelihood of the employment ending soon regardless.

Jurisdiction
Australia
Judgment Date
03 February 1995
Procedural Posture
Employment Dispute / Judgment
Outcome
Application allowed
Legal Topics
['unfair Dismissal' 'procedural Fairness']
['employment' 'industrial Relations'] ['unfair Dismissal' 'procedural Fairness']

Case Brief

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Procedural Posture

Employment Dispute / Judgment

Legal Issues

  1. 1 ['Whether the applicant was unfairly dismissed in breach of the Industrial Relations Act 1988' 'Whether the respondent failed to provide an opportunity to the applicant to defend herself' 'Assessment of damages and compensation for breach of statutory obligations']

Ratio Decidendi

The respondent breached the requirements of procedural fairness under the Industrial Relations Act 1988 by dismissing the applicant without giving her an opportunity to defend herself regarding the incident of 19 July 1994. Compensation was limited given the likelihood of the employment ending soon regardless.

Court Disposition

Application allowed

Orders

  • ['The respondent to pay to the applicant the sum of $279.04 damages.' 'The respondent to pay to the applicant the sum of $1,000.00 compensation.' 'Payment of the said sums to be made within 21 days of the date of these orders.']