Khoury v Elite Real Estate t/as Town & Country Real Estate & Kaltoum [1998] IRCA 26

industrial relations COURT OF AUSTRALIA INDUSTRIAL LAW – TERMINATION OF EMPLOYMENT – VALID REASON FOR TERMINATION – not a valid reason for termination of applicant – CONDUCT AND PERFORMANCE - OPPORTUNITY TO RESPOND – no opportunity given by Respondent to respond to allegations of poor performing – REINSTATEMENT IMPRACTICABLE – Applicant now in secure employment – language after Termination wholly offensive to former employer -COMPENSATION – assessed on basis of period without work – no amount included for distress shock and humiliation of manner of termination – NOTICE OF TERMINATION not given – WAGES IN LIEU OF NOTICE not paid – PERIOD OF NOTICE – statutory period allowed of one week – EVIDENCE – lapsing by witnesses into first language without interpreter present – PRACTICE & PROCEDURE – no action taken on allegation that Subpoenaed witnesses not called as may harm business of respondent – Respondent resiled from earlier evidence. Workplace Relations Act, 1996 (Cth) (formerly known as Industrial Relations Act 1988 (Cth) ss 170DB, 170DC, 170DE(1) Evidence Act 1995 (Cth) s 30 Aitken v Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia – Western Australian Branch ("Aitken") (1995) 63 IR 1 at 9, Lee J Gerard Westen v Union des Assurances de Paris (Madgwick J, 17 December 1996, unreported, decision no.660/96) Burazin v The Blacktown City Guardian Pty Ltd (Full Court, IRCA, 13 December 1996, unreported, decision no.606/96) Marlin –v- V Sahade Holdings t/a Crystal Carwash Café (McILwaine JR, 15 January 1998, unreported decision no. 2/98) John Ronald Robson v Webb Bros Pty Ltd (McIlwaine JR, 8 April 1998, unreported decision no.13/98) Singh v Vellios (McILwaine JR, 4 June 1998, IRCA decision no. 21/98) Selvachandran v Peteron Plastics Pty Ltd (1995) 62 IR 371 Perrin v Des Taylor Pty Ltd (1995) 58 IR 254 Lidell v Lembke T/A Cheryls Unisex Salon (1994) 56 IR 447 May v Lilyvale Hotel Pty Ltd (1995) 68 IR 112