Christine Maria Stani v Jill Taylor & Associates Pty Ltd [1995] IRCA 684

C A T C H W O R D S INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - claim for UNLAWFUL TERMINATION - whether VALID REASON - COMPENSATION - effect of undertaking on 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) Aitken v CMETSWUA, IRCA No. 352, Lee J, 7 August 1995, unreported Mullany v Active Concrete, IRCA No. 262 of 1995, Wilcox CJ, unreported CHRISTINE MARIA STANI -v- JILL TAYLOR & ASSOCIATES PTY LTD - NI95/2491 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 95/2491 BETWEEN: CHRISTINE MARIA STANI - 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 $2,600. 3. The respondent pay to the applicant compensation pursuant to Section 170EE(2) in the sum of $13,000. 4. The respondent pay to the applicant the sum of $3,360.50, which was not but ought to have been paid to the applicant pursuant to the Annual Holidays Act 1944 (NSW) 5. The respondent pay to the applicant the sum of $3,213.80, which was not but ought to have been paid to the applicant pursuant to the Long Service Leave Act 1955 (NSW) 6. The respondent 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