Veronica Susan Dockrell v Mayfield Education Centre Inc [1995] IRCA 677

Veronica Susan Dockrell v Mayfield Education Centre Inc [1995] IRCA 677

The redundancy and termination were effected without warning or consideration of alternatives, notwithstanding express representations of secure employment. The process was harsh under s170DE(2), justifying compensation under s170EE(3).

Jurisdiction
Australia
Judgment Date
21 December 1995
Procedural Posture
Application / Reasons for Decision on Alleged Unlawful Termination—remedy and Orders
Outcome
Application succeeded in part; compensation ordered.
Legal Topics
['unlawful Termination' 'redundancy' 'harsh, Unjust or Unreasonable Dismissal' 'compensation' 'employment Security Representations']
['industrial Law' 'employment Law'] ['unlawful Termination' 'redundancy' 'harsh, Unjust or Unreasonable Dismissal' 'compensation' 'employment Security Representations']

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Procedural Posture

Application / Reasons for Decision on Alleged Unlawful Termination—remedy and Orders

Legal Issues

  1. 1 ["Whether the applicant's termination by redundancy was harsh, unjust or unreasonable under s170DE(2) of the Industrial Relations Act 1988." "Whether adequate consideration was given to alternatives to redundancy and applicant's circumstances." 'Appropriateness of compensation pursuant to s170EE(3) of the Act.']

Ratio Decidendi

The redundancy and termination were effected without warning or consideration of alternatives, notwithstanding express representations of secure employment. The process was harsh under s170DE(2), justifying compensation under s170EE(3).

Court Disposition

Application succeeded in part; compensation ordered.

Orders

  • ['Respondent to pay to the applicant compensation in the amount of $4,548.00.' 'Payment to be made within twenty one days from the date of the order.']