Balaclava Pastoral Co Pty Ltd t/a Australian Hotel Cowra v Nurcombe

Balaclava Pastoral Co Pty Ltd, trading as the Australian Hotel in Cowra, appealed a decision of the Fair Work Commission, which had ordered the company to pay Ms Nurcombe a sum of money in compensation for unlawful termination of her employment. The Commission had found that the company had terminated Ms Nurcombe's employment without just cause or reason, in contravention of the Fair Work Act 2009 (Cth). The company argued that the decision was incorrect in law and should be set aside.

The legal issues before the court were whether the decision of the Fair Work Commission was correct and whether the company had lawfully terminated Ms Nurcombe's employment. The court considered the evidence presented to the Commission and the applicable law, including the provisions of the Fair Work Act and relevant case law. The court also considered the submissions made by both parties.

The court found that the Fair Work Commission had correctly applied the law and that the company had unlawfully terminated Ms Nurcombe's employment. The company had failed to follow its own procedures for termination of employment, and had not provided Ms Nurcombe with an opportunity to respond to the allegations against her. The court held that the decision of the Fair Work Commission should be affirmed, and that the company was liable to pay Ms Nurcombe the compensation ordered by the Commission.

The court dismissed the appeal and affirmed the decision of the Fair Work Commission. The company was ordered to pay Ms Nurcombe the sum of $10,500 in compensation, together with interest and costs.