BLUM v NORTHERN HERD DEVELOPMENT CO-OPERATIVE LTD [1997] IRCA 150
The Court found that Ms Blum's employment was terminated at the initiative of the employer, as the employer introduced and recommended resignation, and that, in the absence of evidence of impracticability, reinstatement with lost remuneration is appropriate.
- Jurisdiction
- Australia
- Judgment Date
- 13 May 1997
- Procedural Posture
- Industrial Law Unlawful Termination / Judgment and Orders After Hearing
- Outcome
- Applicant successful
- Legal Topics
- ['termination of Employment' 'resignation' 'unlawful Termination' 'remedies Reinstatement and Compensation']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Industrial Law Unlawful Termination / Judgment and Orders After Hearing
Legal Issues
- 1 ["Whether Ms Blum's resignation amounted to termination at the initiative of the employer" 'Whether reinstatement was impracticable under the circumstances' 'What is the appropriate remedy for unlawful termination']
Ratio Decidendi
The Court found that Ms Blum's employment was terminated at the initiative of the employer, as the employer introduced and recommended resignation, and that, in the absence of evidence of impracticability, reinstatement with lost remuneration is appropriate.
Court Disposition
Applicant successful
Orders
- ['The respondent terminated the employment of Vanessa Blum in contravention of the Workplace Relations Act 1996.' 'The respondent to reappoint Vanessa Blum to her position prior to termination within 21 days.' 'The employment to be deemed continuous from 20 November 1996 to the date of reinstatement.' 'The...
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