POWELL v Simple Computing Australia Pty Ltd [1997] IRCA 41

DECISION NO:41/97 \ CATCHWORDS

INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - VALID REASON - When termination of employment is a penalty out of proportion to the conduct complained of, such a termination is unlikely to be for a valid reason - OPPORTUNITY TO RESPOND TO ALLEGATIONS - Impossibly short time limit meant no real opportunity to respond - REINSTATEMENT IMPRACTICABLE - COMPENSATION. INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - ASSOCIATED JURISDICTION - BREACH OF CONTRACT - Pay in lieu of notice.

Workplace Relations Act, 1996, ss: 170DB(2), 170 DE(1), 170DC, 430

Fargie -v- Freedom Foods (Aust) Limited, IRCA, Parkinson JR, 14 October 1996, unreported. Kerr -v- Jaroma Pty Limited, IRCA, Marshall J, 7 October 1996, unreported Nicolson -v- Heaven & Earth Gallery Pty Limited (1994) IRCR 199 North -v- Television Corporation Limited (1976) 11 ALR 599 May -v- Lilyvale Hotel Pty Limited (1995) 68 IR 112 Perrin -v- Des Taylor Pty Limited (1995) 58 IR 254 Williams -v- Printers Trade Services (1984) 7 IR 82 . POWELL -v- SIMPLE COMPUTING AUSTRALIA PTY LIMITED NI 1977 of 1996

Before: PATCH JR Place: SYDNEY Date/s of hearing: 6 & 7 FEBRUARY 1997 Date of judgment: 7 FEBRUARY 1997

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY

NI 1977 of 1996

BETWEEN:

NEIL CASEY POWELL Applicant

AND

SIMPLE COMPUTING AUSTRALIA PTY LIMITED Respondent

MINUTES OF ORDERS

7 February 1997 PATCH JR

THE COURT ORDERS THAT: 1. As compensation for the unlawful termination of his employment the respondent is to pay the applicant within 21 days of today the sum of $6500 (gross). 2. As damages for breach of contract for unpaid pay in lieu of notice the respondent is to pay to the applicant the sum of $3317.74 (gross) within 21 days of today. 3. Any sum paid by the respondent to the Commissioner of Taxation within 21 days of today in respect of the amounts in Orders 1 and 2 is to be regarded as having been paid in pro tanto satisfaction of the judgment debt. 4. If the applicant wishes to pursue his claim for interest, written submissions are to be filed and served by the applicant within 7 days of today, or that claim will be dismissed without further hearing. 5. Any written submissions which the respondent wishes to submit in respect of the applicant's claim for interest shall be filed and served within 14 days of today. 6. No order for costs.