Vicki Marie Miller v Jill Taylor & Associates Pty Ltd [1995] IRCA 683

C A T C H W O R D S INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - claim for UNLAWFUL TERMINATION - whether VALID REASON - COMPENSATION - associated JURISDICTION Industrial Relations Act 1988 Ss 170DB, 170DE, 170DF(1)(e), 170EA, 170EDA, 170EE Annual Holidays Act 1944 (NSW) Long Service Leave Act 1955 (NSW) VICKI MARIE MILLER -v- JILL TAYLOR & ASSOCIATES PTY LTD - NI95/2490 BEFORE: R D FARRELL JR PLACE: PERTH (HEARD IN SYDNEY) DATE: 29 NOVEMBER 1995

IN THE INDUSTRIAL RELATIONS ) COURT OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) No. NI 95/2490 BETWEEN: VICKI MAREE MILLER - Applicant AND: JILL TAYLOR & ASSOCIATES PTY LTD - Respondent MINUTE OF ORDERS BEFORE: R D FARRELL JR PLACE: PERTH (HEARD IN SYDNEY) DATE: 29 NOVEMBER 1995 THE COURT DECLARES THAT: 1. The termination of the employment of the applicant contravened Sections 170DB, 170DE and 170DF of the Industrial Relations Act 1988. AND THE COURT ORDERS THAT: 2. The respondent pay to the applicant damages pursuant to Section 170EE(5) in the sum of $1,838.48. 3. The respondent shall pay to the applicant compensation pursuant to Section 170EE(2) in the sum of $8,500. 4. The respondent shall pay to the applicant the sum of $10,000, which was not but ought to have been paid to the applicant pursuant to the Annual Holidays Act 1944 (NSW) and pursuant to the Long Service Leave Act 1955 (NSW)

5. The respondent shall pay to the applicant each of the amounts referred to above within 14 days of the date of this order. NOTE: Settlement and entry of Orders is dealt with by Order 36 of the Industrial Relations Court Rules

IN THE INDUSTRIAL RELATIONS ) COURT OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) No. NI 95/2490 BETWEEN: VICKI MAREE MILLER - Applicant AND: JILL TAYLOR & ASSOCIATES PTY LTD - Respondent BEFORE: R D FARRELL JR PLACE: PERTH (HEARD IN SYDNEY) DATE: 29 NOVEMBER 1995 REASONS FOR JUDGMENT This is an application under Section 170EA of the Industrial Relations Act 1988 for compensation arising from the alleged unlawful termination of the employment of the applicant, Vicki Maree Miller ("Ms Miller"), by the respondent, Jill Taylor & Associates Pty Ltd ("JTA"). Reinstatement is not sought. There is also a claim under the associated jurisdiction of the Court, pursuant to Section 430 of the Act, for unpaid entitlements under the Annual Holidays Act 1944 (NSW) and under the Long Service Leave Act 1955 (NSW). This application was heard with another application for compensation under Section 170EA of the Act, arising from the termination of the employment of Christine Maria Stani ("Ms Stani") by JTA and arising out of largely the same circumstances as this application. I refer to my reasons for judgment in that matter, with which these reasons should be read. There was no appearance by the Respondent. Having satisfied myself that the Respondent was properly notified of the time and place of hearing by the Court, I proceeded to hear the application in the absence of the Respondent. Factual Background The factual background is comprehensively set out in the reasons for judgment published in Ms Stani's claim. Ms Miller commenced work with JTA on or about 1 October 1987, as a part time publicity consultant. I am satisfied that she was an employee of JTA, rather than having merely been contracted to provide services. In the 1994/1995 financial year, Ms Miller's total salary was $23,900. Ms Miller was given no reason for the termination of her employment. Nor was she given any notice of her termination, or pay in lieu of notice. Damages for Failure to Give Notice As an employee of more than 5 years standing, aged less than 45 years, Ms Miller was entitled under Section 170DB of the Act to at least 4 weeks notice of termination, which she was not given. Accordingly I will make an order for damages in lieu of notice under Section 170EE(5) of the Act for $1,838.48, being an amount equal to 4 weeks' salary.