Shannon Louise Dawson v Charlie & Rose Daqui Trading as Pasta E Vino Restaurant [1996] IRCA 25

Shannon Louise Dawson v Charlie & Rose Daqui Trading as Pasta E Vino Restaurant [1996] IRCA 25

Objectively considered, Mrs Daqui's reaction to the applicant's complaint on 25 February 1995 was the principal contributing factor leading to the termination of the employment relationship, even though Mrs Daqui did not intend to terminate it and misunderstood the complaint. But for that reaction, the applicant would have remained employed. The termination was therefore at the initiative of the employer, there was no valid reason for it, the applicant did not receive one week's notice or pay in lieu, reinstatement was impracticable, and compensation of $2,000 was appropriate for lost remuneration, lack of notice, and emotional distress caused by the termination and its handling.

Jurisdiction
Australia
Judgment Date
30 January 1996
Procedural Posture
Application Under Section 170 EA of the Industrial Relations Act 1988 Arising From Alleged Termination of Employment in Contravention of Division 3 of Part VIA of the Act / Reasons for Judgment and Orders After Hearing
Outcome
Application allowed; declaration of contravention and compensation ordered.
Legal Topics
['termination of Employment' 'unlawful Termination' 'termination at the Initiative of the Employer' 'resignation' 'compensation' 'notice of Termination']
['industrial Law' 'employment Law'] ['termination of Employment' 'unlawful Termination' 'termination at the Initiative of the Employer' 'resignation' 'compensation' 'notice of Termination']

Case Brief

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Procedural Posture

Application Under Section 170 EA of the Industrial Relations Act 1988 Arising From Alleged Termination of Employment in Contravention of Division 3 of Part VIA of the Act / Reasons for Judgment and Orders After Hearing

Legal Issues

  1. 1 ["Whether the applicant's employment ended by resignation or by termination at the initiative of the employer." 'Whether the termination contravened the Industrial Relations Act 1988 because there was no valid reason for termination.' "Whether the applicant was given the required one week's notice or payment in lieu." 'Whether reinstatement was impracticable and compensation should be ordered.' 'How compensation should be assessed, including loss of remuneration and emotional distress caused by the termination.']

Ratio Decidendi

Objectively considered, Mrs Daqui's reaction to the applicant's complaint on 25 February 1995 was the principal contributing factor leading to the termination of the employment relationship, even though Mrs Daqui did not intend to terminate it and misunderstood the complaint. But for that reaction, the applicant would have remained employed. The termination was therefore at the initiative of the employer, there was no valid reason for it, the applicant did not receive one week's notice or pay in lieu, reinstatement was impracticable, and compensation of $2,000 was appropriate for lost remuneration, lack of notice, and emotional distress caused by the termination and its handling.

Court Disposition

Application allowed; declaration of contravention and compensation ordered.

Orders

  • ['It is declared that the respondent terminated the employment of the applicant in contravention of the Industrial Relations Act 1988.' 'Within 21 days of the date of this order the respondent pay to the applicant the sum of $2,000.00 in compensation pursuant to section 170EE(2) of the Industrial Relations Act 1988.']