Susan Adele Dalton v Ultinel Pty Ltd [1995] IRCA 242

Susan Adele Dalton v Ultinel Pty Ltd [1995] IRCA 242

The applicant's employment was continuing employment with recognised prior service and was not subject to an operative probationary period. The respondent failed to prove a valid performance-based reason for termination, failed to give the applicant an opportunity to answer the allegations against her, and the timing and absence of a credible explanation showed that union membership and her complaint about warnings and employment conditions were reasons for the termination. The termination therefore contravened Division 3 Part VIA of the Industrial Relations Act 1988, and because reinstatement was impracticable, compensation was ordered.

Jurisdiction
Australia
Judgment Date
06 June 1995
Procedural Posture
Application Pursuant to S170 EA of the Industrial Relations Act 1988 Concerning Termination of Employment / Reasons for Judgment After Hearing
Outcome
Application upheld; termination found to contravene Division 3 Part VIA of the Industrial Relations Act 1988; reinstatement found impracticable; compensation awarded.
Legal Topics
['termination of Employment' 'valid Reason for Termination' 'probationary Employment' 'union Membership and Complaints' 'procedural Fairness' 'compensation']
['industrial Relations' 'employment Law'] ['termination of Employment' 'valid Reason for Termination' 'probationary Employment' 'union Membership and Complaints' 'procedural Fairness' 'compensation']

Case Brief

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Procedural Posture

Application Pursuant to S170 EA of the Industrial Relations Act 1988 Concerning Termination of Employment / Reasons for Judgment After Hearing

Legal Issues

  1. 1 ["Whether the applicant's employment was subject to a probationary period relied on by the respondent." "Whether the respondent had a valid reason for terminating the applicant's employment based on work performance." 'Whether the termination was for reasons including union membership and a complaint about wages and conditions of employment.' 'Whether the applicant was given an opportunity to defend herself against allegations about her work performance before termination.' 'Whether reinstatement or compensation was the appropriate remedy.']

Ratio Decidendi

The applicant's employment was continuing employment with recognised prior service and was not subject to an operative probationary period. The respondent failed to prove a valid performance-based reason for termination, failed to give the applicant an opportunity to answer the allegations against her, and the timing and absence of a credible explanation showed that union membership and her complaint about warnings and employment conditions were reasons for the termination. The termination therefore contravened Division 3 Part VIA of the Industrial Relations Act 1988, and because reinstatement was impracticable, compensation was ordered.

Court Disposition

Application upheld; termination found to contravene Division 3 Part VIA of the Industrial Relations Act 1988; reinstatement found impracticable; compensation awarded.

Orders

  • ['That the respondent pay to the applicant the sum of $ 6,316.00 in compensation within 14 days of the date of this order.']