Federal Court of Australia
DECISION NO:87/97 CATCHWORDS
INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - VALID REASON - Salesperson's sales performance consistently below the monthly average of his yearly budget constituted a valid reason for the termination of his employment - OPPORTUNITY TO RESPOND TO ALLEGATIONS concerning his performance not given, because the review which was promised to occur one month after the warning letter never occurred - COMPENSATION ordered.
Workplace Relations Act ss: 170 DC, 170DE(1), 170EE, 430
Burazin -v- The Blacktown City Guardian, Industrial Relations Court of Australia, Full Court, 13 December 1996, unreported Hurskin -v- Australian Jewish Press Pty Ltd, Industrial Relations Court of Australia, Millane JR, 13 June 1996, unreported Kenefick -v- Australian Submarine Corporation Pty Ltd, Industrial Relations Court of Australia, Wilcox CJ, 26 July 1996, unreported Kerr -v- Jeroma, Industrial Relations Court of Australia, Marshall J, 7 October 1996, unreported Nicolson -v- Heaven & Earth Galleries Pty Ltd (1994) 1 IRCR 199 Selvachandran -v- Peteron Plastics Pty Ltd (1995) 62 IR 371 Westen -v- Union des Assurances de Paris, Industrial Relations Court of Australia, Madgwick J, 17 December 1996, unreported
BROOKS -V- PANALPINA WORLD TRANSPORT P/L NI 3602 of 1995
Before: PATCH JR Place: SYDNEY Date of judgment: 25 MARCH 1997
IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY
NI 3602 of 1995
BETWEEN:
DENNIS WAYNE BROOKS Applicant
AND
PANALPINA WORLD TRANSPORT PTY LTD Respondent
BEFORE: PATCH JR PLACE: SYDNEY DATE: 25 MARCH 1997
MINUTES OF ORDERS
THE COURT ORDERS THAT: 1. The respondent is to pay the applicant, within 21 days of today, as compensation for the unlawful termination of his employment, the sum of $4,850.00 2. Any sum paid by the respondent to the Commissioner of Taxation, within 21 days of today, in respect of the sum in order 1 is to be regarded as having been paid in pro tanto satisfaction of the judgment debt. 3. As damages for breach of contract, the respondent is to pay the applicant the sum of $180.85 within 21 days of today. 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 NEW SOUTH WALES DISTRICT REGISTRY
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate