Takako v Nina Ricci Perfumes [1997] IRCA 110

DECISION NO:110/97 CATCHWORDS

INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - Some important matters which, in part, were reasons for the termination of the applicant's employment were never put to her as factors in the (possible) decision to terminate her employment - Section 170DC of the Workplace Relations Act therefore not complied with - COMPENSATION - DUTY TO MITIGATE -An employee whose employment has been unlawfully terminated has a duty to act reasonably to mitigate his or her loss.

Workplace Relations Act, 1996; section 170DC

Bechara v Gregory Harrison Healey & Co (1996) 65 IR 382 Browne v Dunn (1893) 6 R 67 Nicolson v Heaven and Earth Gallery Pty Limited (1994) 1 IRCR 199 Perrin v Des Taylor Pty Limited (1995) 58 IR 254

TAKAKO v NINA RICCI PERFUMES NI 1227 of 1996

Before: PATCH JR Place: SYDNEY Date/s of hearing: 4 OCTOBER, 1 NOVEMBER 1996 Date of judgment: 9 APRIL 1997

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

NI 1227 of 1996

BETWEEN:

LINDREA TAKAKO Applicant

AND

NINA RICCI PERFUMES Respondent

BEFORE: PATCH JR PLACE: SYDNEY DATE: 9 APRIL 1997 MINUTES OF ORDERS

THE COURT ORDERS THAT: 1. As compensation for the unlawful termination of her employment, the respondent is to pay the applicant, within 21 days of today, the sum of $5,600. 2. Any sum paid by the respondent to the Commissioner of Taxation in respect of the sum in order 1 is to be regarded as having been paid in pro tanto satisfaction of the judgment debt.

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

NI 1227 of 1996

BETWEEN:

LINDREA TAKAKO Applicant

AND

NINA RICCI PERFUMES Respondent

BEFORE: PATCH JR PLACE: SYDNEY DATE: 9 APRIL 1997 REASONS FOR DECISION