Spasoje Milakovic and McWilliams Wines Pty Ltd [1994] IRCA 61

Spasoje Milakovic and McWilliams Wines Pty Ltd [1994] IRCA 61

The respondent breached Section 170DE(2) as the termination was harsh, unjust and unreasonable, and failed to comply with Section 170DC by not giving the applicant an opportunity to defend himself. Compensation rather than reinstatement was appropriate.

Source-derived case information.

Parties
Applicant: Spasoje Milakovic; Respondent: McWilliams Wines Pty Ltd
Jurisdiction
Australia
Judgment Date
14 October 1994
Procedural Posture
Application Under Section 170 EA of the Industrial Relations Act 1988 / Judgment
Outcome
Application granted in part; compensation awarded; reinstatement refused.
Legal Topics
Unlawful Termination, Compensation, Reinstatement, Employee Rights, Harsh, Unjust or Unreasonable Dismissal
Industrial Relations Employment Law Unlawful Termination Compensation Reinstatement Employee Rights Harsh, Unjust or Unreasonable Dismissal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Spasoje Milakovic

Applicant

McWilliams Wines Pty Ltd

Respondent

Procedural Posture

Application Under Section 170 EA of the Industrial Relations Act 1988 / Judgment

Legal Issues

  1. 1 Whether the respondent's termination of the applicant's employment contravened Part VIA of the Industrial Relations Act 1988
  2. 2 Whether the applicant should be reinstated or awarded compensation
  3. 3 Whether the respondent gave adequate warning or opportunity to the applicant before termination

Ratio Decidendi

The respondent breached Section 170DE(2) as the termination was harsh, unjust and unreasonable, and failed to comply with Section 170DC by not giving the applicant an opportunity to defend himself. Compensation rather than reinstatement was appropriate.

Court Disposition

Application granted in part; compensation awarded; reinstatement refused.

Orders

  • The respondent to pay to the applicant the sum of $8,474.55.
  • Such payment to be within 21 days of the date of this order.