Mary Abbott-Etherington and Houghton Motors Pty Ltd [1995] IRCA 558

C A T C H W O R D S INDUSTRIAL LAW ‑ Termination of employment ‑ claim of unlawful termination ­procedural unfairness ‑ whether reinstatement impracticable ‑ meaning of 'impracticable' ­compensation. INDUSTRIAL RELATIONS ACT 1988, Ss 170EA, 170DC, 170EE Liddell v Lembke (1994) 127 ALR 342 Nicolson v Heaven & Earth Gallery Pty Ltd (1994) 125 ALR 233 MARY ABBOTT‑ETHERINGTON v HOUGHTON MOTORS PTY LTD ­- WI 429 of 1994 BEFORE: BOON JR PLACE: PERTH DATE: 31 MAY 1995

­IN THE INDUSTRIAL RELATIONS ) COURT OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) No. Wl 429 of 1994 BETWEEN: MARY ABBOTT‑ETHERINGTON ‑ Applicant AND: HOUGHTON MOTORS PTY LTD ‑ Respondent MINUTE OF ORDERS BEFORE: BOON JR PLACE: PERTH DATE: 31 MAY 1995 THE COURT ORDERS THAT: 1. That the respondent pay to the applicant the sum of $30,000 by way of compensation for the unlawful termination of her employment. 2. That the amount of compensation be paid within 21 days of the date of this order. NOTE: Settlement and entry of Orders dealt with by Order 36 of the Industrial Relations Court Rules

IN THE INDUSTRIAL RELATIONS ) COURT OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) No. Wl 429 of 1994 BETWEEN: MARY ABBOTT ETHERINGTON ‑ Applicant AND: HOUGHTON MOTORS PTY LTD ‑ Respondent BEFORE: BOON JR PLACE: PERTH DATE: 31 MAY 1995 REASONS FOR JUDGMENT The respondent, Houghton Motors Pty Ltd, is a large car dealership operating in the East Victoria Park area of Perth. It holds a franchise to sell Ford motor vehicles. Mr Clifford William Houghton has been in the motor vehicle business for about sixty years and established the business when he was about 25 years old. He still goes to the office of the respondent almost every day and works in an office at the respondent's premises. His son, Colin Clifford Houghton, is the Managing Director and Dealer Principal of the respondent. As the Dealer Principal, Mr Colin Houghton is responsible to the Ford Motor Company for the franchise which Houghton Motors holds. Houghton Motors employs approximately 120 employees. Between 28 April 1994 and 1 October 1994 the applicant was employed by Houghton Motors as the New Vehicle Sales Manager. On 1 October 1994, the General Sales Manager of the respondent, David Border, terminated the applicant's employment with the respondent. He stated that he believed it was not in the best interests of the company to keep her on.