Tay Tay Services Pty Ltd v Staples Australia Pty Ltd [2018] NSWIRComm 1030

Tay Tay Services Pty Ltd v Staples Australia Pty Ltd [2018] NSWIRComm 1030

Although the drivers, including Tay Tay Services Pty Ltd, engaged in a material breach by failing to supply transportation services, the summary termination was disproportionate given the group context, lack of proper escalation of the grievance as per the contract, and the fairness considerations of s314. Compensation (not reinstatement) is appropriate as termination was unfair in all circumstances.

Parties
Applicant: Tay Tay Services Pty Ltd; Respondent: Staples Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
18 May 2018
Procedural Posture
Application Under S314 of Industrial Relations Act 1996 (nsw) / Final Judgment and Orders After Hearing
Outcome
Application for compensation upheld (termination unfair); compensation awarded.
Legal Topics
Contract of Carriage, Unfair Termination, Owner Drivers, Industrial Action, Collective Bargaining, Compensation, Dispute Resolution
Industrial Law Contract of Carriage Unfair Termination Owner Drivers Industrial Action Collective Bargaining Compensation Dispute Resolution

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Parties

Tay Tay Services Pty Ltd

Applicant

Staples Australia Pty Ltd

Respondent

Procedural Posture

Application Under S314 of Industrial Relations Act 1996 (nsw) / Final Judgment and Orders After Hearing

Legal Issues

  1. 1 Whether the termination of the contract of carriage of Mr Koroglu (Tay Tay Services Pty Ltd) by Staples Australia was unfair under s314 of the Industrial Relations Act 1996 (NSW).
  2. 2 Whether compensation is payable and in what amount where reinstatement is impracticable.

Ratio Decidendi

Although the drivers, including Tay Tay Services Pty Ltd, engaged in a material breach by failing to supply transportation services, the summary termination was disproportionate given the group context, lack of proper escalation of the grievance as per the contract, and the fairness considerations of s314. Compensation (not reinstatement) is appropriate as termination was unfair in all circumstances.

Court Disposition

Application for compensation upheld (termination unfair); compensation awarded.

Orders

  • Staples Australia Pty Ltd to pay to Mr Yasar Koroglu a sum equivalent to five weeks' pay calculated on the basis of the weekly wage allocated to him by Tay Tay Services Pty Ltd.
  • The payment is to be made within 14 days of 18 May 2018.