Lewer and Resolve FM Pty Limited [2005] NSWIRComm 1174

Lewer and Resolve FM Pty Limited [2005] NSWIRComm 1174

The Commission found that the applicant was terminated for the reasons expressed by the respondent, specifically unsatisfactory performance and insubordination. The respondent advised her of concerns, allowed her opportunity and time to respond, but adjustment did not occur. The termination was not harsh, unreasonable, or unjust.

Jurisdiction
Australia
Judgment Date
02 November 2005
Procedural Posture
Unfair Dismissal Application / Final Judgment
Outcome
application dismissed
Legal Topics
['termination of Employment' 'unfair Dismissal']
['industrial Relations'] ['termination of Employment' 'unfair Dismissal']

Case Brief

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Procedural Posture

Unfair Dismissal Application / Final Judgment

Legal Issues

  1. 1 ['Whether the applicant’s dismissal was unfair, harsh, unreasonable or unjust' 'Whether the dismissal was due to cost cutting or unsatisfactory performance']

Ratio Decidendi

The Commission found that the applicant was terminated for the reasons expressed by the respondent, specifically unsatisfactory performance and insubordination. The respondent advised her of concerns, allowed her opportunity and time to respond, but adjustment did not occur. The termination was not harsh, unreasonable, or unjust.

Court Disposition

application dismissed

Orders

  • ['Application for unfair dismissal is dismissed.' 'Matter concluded.']