Marie Jean-Francois Murat v Simon Parsons and Company [1995] IRCA 338

C A T C H W O R D S INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - UNLAWFUL TERMINATION - CONDUCT AND PERFORMANCE - VALID REASON - REINSTATEMENT - COMPENSATION - HARSH UNJUST AND UNREASONABLE - WARNINGS - TERMINATION NOTICE - termination stated to be "due to work practices and disgruntled clients" but held to be based on employee solicitor's conduct of a specific matter - misconception that judgment had been entered in that matter - applicant's performance below standard and warranted reprimand but did not warrant termination. Industrial Relations Act 1988, ss.170DC, 170DE, 170EA, 170EE CASES: Siagian v Sanel Pty Ltd [1994] 1 IRCR 1 APESMA and Skilled Engineering Pty Ltd [1994] 1 IRCR 106 Grout and Gunnedah Shire Council [1994] IRCR 143 Freeman v Rabinov [1981] VR 539 Nicolson v Heaven and Earth Gallery Pty Ltd [1994] 1 IRCR 199 at 210 Cox v South Australian Meat Corporation (unreported) I.R.C.A. 13 June 1995 MARIE JEAN-FRANCOIS MURAT v SIMON PARSONS AND COMPANY No. VI-1843/94 Before:Ryan JR Place: Melbourne Date: 31 July 1995

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY Matter No VI-1843/94 B E T W E E N: MARIE JEAN-FRANCOIS MURAT Applicant AND: SIMON PARSONS AND COMPANY Respondent RYAN JR MINUTES OF ORDER 31 JULY 1995 THE COURT ORDERS THAT: 1. Declaration that the termination of employment of Francois Murat by Simon Parsons and Company on 26 September 1994 contravened Sections 170DC and 170DE of the Industrial Relations Act 1988. 2. Within 21 days the respondent pay to the applicant compensation in the sum of $13,080. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY Matter No VI-1843/94 B E T W E E N: MARIE JEAN-FRANCOIS MURAT Applicant AND: SIMON PARSONS AND COMPANY Respondent COURT: RYAN JR PLACE: MELBOURNE DATE: 31 JULY 1995 REASONS FOR JUDGMENT APPLICATION FOR REMEDY FOR UNLAWFUL TERMINATION EMPLOYMENT HISTORY The applicant graduated in law in 1987 and worked as an articled clerk that year. He was employed as a solicitor from May 1988 to 26 September 1994. In October 1992 he was retrenched from a suburban legal firm for what were described by the principal as "purely economic reasons". Indeed, the principal gave very supportive evidence as to the industry and competence of the applicant. From January to June 1993 the applicant undertook a course in Taxation Law. He began work with the respondent as a locum in July 1993 and occupied a permanent position as a solicitor in the respondent's Morwell office from September 1993 until the termination of his employment on 26 September 1994. TERMINATION OF EMPLOYMENT At approximately 5:30 pm on 26 September 1994 the applicant was called into the office of Mr Gary Singer, then a senior solicitor and now a partner in the respondent firm. Mr Singer and the Office Manager, Ms Janice Lynn were present. The applicant states that Mr Singer said him: "Francois we'll have to let you go". Mr Singer then handed the applicant a letter. In his written statement and in evidence in chief the applicant claimed that: (1) that he was shocked