Hingston, Peter George & Anor v Simplot Australia Pty Ltd [1998] FCA 64

Hingston, Peter George & Anor v Simplot Australia Pty Ltd [1998] FCA 64

Reinstatement was found to be impracticable and inappropriate in the circumstances. Compensation for distress was awarded as in parallel cases. No economic loss was established as a result of the respondent's termination for either applicant. Damages were ordered in the amount that would have been paid as notice under the Act.

Jurisdiction
Australia
Judgment Date
12 February 1998
Procedural Posture
Application for Relief for Unlawful Termination of Employment / Final Judgment and Orders
Outcome
Reinstatement refused; damages and compensation ordered in specified amounts
Legal Topics
['termination of Employment' 'redundancy' 'outsourcing' 'reinstatement' 'consultation' 'damages for Distress' 'compensation' 'procedural Fairness']
['industrial Law' 'employment Law'] ['termination of Employment' 'redundancy' 'outsourcing' 'reinstatement' 'consultation' 'damages for Distress' 'compensation' 'procedural Fairness']

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Procedural Posture

Application for Relief for Unlawful Termination of Employment / Final Judgment and Orders

Legal Issues

  1. 1 ["Whether the terminations of the applicants' employment were for a valid reason" 'Whether reinstatement is a practicable and appropriate remedy' 'Whether damages or compensation should be ordered for unlawful termination, economic loss, and distress' 'Appropriate calculation of compensation in lieu of notice']

Ratio Decidendi

Reinstatement was found to be impracticable and inappropriate in the circumstances. Compensation for distress was awarded as in parallel cases. No economic loss was established as a result of the respondent's termination for either applicant. Damages were ordered in the amount that would have been paid as notice under the Act.

Court Disposition

Reinstatement refused; damages and compensation ordered in specified amounts

Orders

  • ['The respondent pay the applicant Peter George Hingston compensation in the sum of $3,000 pursuant to s170EE(3) and damages in the sum of $2,689.44 pursuant to s170EE(5) - total $5,689.44.' 'The respondent pay the applicant Stanley Lewis Kaine compensation in the sum of $3,000 pursuant to s170EE(3) and damages in...