Gorgevski, D. v Bostik (Australia) Pty Ltd

In the matter of Gorgevski v Bostik (Australia) Pty Ltd, the Federal Court of Australia was tasked with examining the termination of employment of Dimitrja Gorgevski by Bostik (Australia) Pty Ltd and the implications thereof under industrial law. Gorgevski brought the claim asserting that his dismissal was harsh, unjust, and unreasonable, and that the employer failed to act reasonably and investigate the facts before terminating his employment. The dispute hinged on whether the termination was in breach of the Manufacturing Grocers Award 1985 and whether the employer's opinion that dismissal was mandatory if satisfied of a breach of a lawful command was justified.

The primary legal issues addressed by the court included whether Bostik (Australia) Pty Ltd breached a term of the Manufacturing Grocers Award 1985 by terminating Gorgevski's employment without sufficient investigation and whether the termination was harsh, unjust, or unreasonable. Additionally, the court needed to determine whether Gorgevski failed to mitigate his loss following the termination of his employment. The court considered the employer's duty to act reasonably and investigate facts before making a decision to terminate employment, and the implications of breaching an award.

The court found that Bostik (Australia) Pty Ltd breached the award by terminating Gorgevski's employment without adequate investigation and that the termination was harsh, unjust, and unreasonable. The court held that the employer had a duty to investigate the facts before making a decision to terminate employment and that the employer's opinion that dismissal was mandatory if satisfied of a breach of a lawful command was not sufficient. The court also found that Gorgevski did not fail to mitigate his loss following the termination of his employment. Consequently, the court ordered Bostik (Australia) Pty Ltd to pay a penalty of $700 for its breach of the award and to pay damages of $195,000.00 cents to Gorgevski. Leave was reserved to Gorgevski to have the matter re-listed in respect of his application for an order for the payment of interest.