Williams & Gallis Pty Ltd [2006] NSWIRComm 1114

Williams & Gallis Pty Ltd [2006] NSWIRComm 1114

The Commission found that the applicant's 3 December 2005 resignation was not accepted as a resignation from employment, but only as a resignation from the Manager position, and that the parties agreed on 5 December 2005 to continue the employment relationship with the applicant moving to a 2IC role on casual rates once a new Manager commenced. The applicant was then dismissed on 18 December 2005 without performance concerns, warnings, or the alleged difficulty of working with her being raised. The termination resulted from communication failures and was harsh, unjust and unreasonable, warranting compensation.

Jurisdiction
Australia
Judgment Date
13 July 2006
Procedural Posture
Application for Remedy for Unfair Dismissal Pursuant to Section 84 of the Industrial Relations Act 1996 / Decision After Conciliation Failed and Hearing
Outcome
The application succeeded; the termination was found to be harsh, unjust and unreasonable and compensation was ordered.
Legal Topics
['unfair Dismissal' 'resignation and Termination' 'harsh, Unjust and Unreasonable Termination' 'compensation in Lieu of Reinstatement' 'communication Errors in Employment Processes']
['industrial Relations' 'employment Law'] ['unfair Dismissal' 'resignation and Termination' 'harsh, Unjust and Unreasonable Termination' 'compensation in Lieu of Reinstatement' 'communication Errors in Employment Processes']

Case Brief

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Procedural Posture

Application for Remedy for Unfair Dismissal Pursuant to Section 84 of the Industrial Relations Act 1996 / Decision After Conciliation Failed and Hearing

Legal Issues

  1. 1 ["Whether the applicant's SMS resignation was accepted as a resignation from employment or only from the Manager position with ongoing employment offered in a different role." 'Whether the applicant was terminated on 18 December 2005 at the end of an alleged notice period.' 'Whether the termination was harsh, unjust or unreasonable.' 'What monetary compensation should be ordered.']

Ratio Decidendi

The Commission found that the applicant's 3 December 2005 resignation was not accepted as a resignation from employment, but only as a resignation from the Manager position, and that the parties agreed on 5 December 2005 to continue the employment relationship with the applicant moving to a 2IC role on casual rates once a new Manager commenced. The applicant was then dismissed on 18 December 2005 without performance concerns, warnings, or the alleged difficulty of working with her being raised. The termination resulted from communication failures and was harsh, unjust and unreasonable, warranting compensation.

Court Disposition

The application succeeded; the termination was found to be harsh, unjust and unreasonable and compensation was ordered.

Orders

  • ['Pursuant to s.89.5 and s.89.6 Gallis Pty Ltd shall pay to Sara Illsley Williams an amount of compensation of $3700. This amount is a gross figure and taxation treatment is a matter for the parties.' 'The amount of compensation specified is to be paid within twenty eight days.' "These Orders take effect on and from...