Magree, Elizabeth Mary v Glaxo Wellcome Australia Pty Ltd

In the Federal Court of Australia, Elizabeth Mary Magree, along with the National Union of Workers, brought an application against Glaxo Wellcome Australia Pty Ltd for unlawful termination of employment, breach of procedural fairness, and failure to provide notice of termination. Magree had been employed at Glaxo Wellcome Australia Pty Ltd's drug production and packaging facility in Boronia, Victoria. Her employment was terminated on 7 December 1996, following allegations that she had removed drugs from the workplace and consumed them on her domestic premises. The drugs in question were Kapanol, a morphine-based pain relief drug, and Zantac, a drug used for managing gastric conditions.

The court was required to determine several legal issues. Firstly, whether the respondent had valid reason for terminating Magree's employment based on the alleged misconduct. Secondly, whether Magree was given a fair opportunity to respond to the allegations before her employment was terminated. Lastly, the court had to decide on the appropriate remedy, including whether reinstatement was possible or if compensation and damages were warranted.

The court found that the respondent did not have valid reason for terminating Magree's employment as they did not establish on balance of probabilities that she was guilty of the alleged misconduct. The respondent failed to conduct a full and proper investigation and did not provide Magree with an opportunity to address the specific allegations made against her. Furthermore, the court determined that reinstatement was impracticable due to Magree's subsequent drug-related offences. Consequently, the court ordered that Glaxo Wellcome Australia Pty Ltd pay Magree compensation in the sum of $4,974.00, and damages for failure to provide notice of termination in the sum of $2,208.00. The time for compliance with these orders was set at 14 days.