Manikantan v Instrument Data Communications Pty Ltd - [1997] IRCA 145

DECISION NO:145/97

CATCHWORDS

INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - complaint of UNLAWFUL TERMINATION - CONDUCT AND PERFORMANCE - VALID REASON - BREACH OF CONTRACT - HARSH, UNJUST OR UNREASONABLE - SERIOUS MISCONDUCT - TERMINATION PAY - COMPENSATION

Workplace Relations Act 1996 (C'th) (formerly Industrial Relations Act 1988 (C'th)) Ss 170DB, 170DE(1), 170EA, 170EE(3)

Australian Telecommunications Commission v Hart [1982] 65 FLR 41

Nettlefold v Kym Smoker Pty Ltd, unreported, IRCA 469/96, Lee J, 4 October 1996

Woods v W.M. Carr Services (Peterborough) Ltd [1982] ICR 693

KARIADATH THANANGAR MANIKANTAN -v-
INSTRUMENT DATA COMMUNICATIONS PTY LTD

WI 1476 of 1996

Before: BOON JR

Place: PERTH

Date: 21 APRIL 1997

IN THE INDUSTRIAL RELATIONS COURT )

OF AUSTRALIA )

WESTERN AUSTRALIA DISTRICT REGISTRY )

WI 1476 of 1996

B E T W E E N:

KARIADATH THANANGAR MANIKANTAN
Applicant

A N D:

INSTRUMENT DATA COMMUNICATIONS PTY LTD

Respondent

MINUTE OF ORDERS

21 APRIL 1997 PERTH BOON JR

THE COURT ORDERS AND DECLARES THAT :

The respondent has breached the provisions of section 170DB and section 170DE(1) of the Workplace Relations Act 1996.

The respondent pay to the applicant the sum of $1,846.60 by way of payment in lieu of notice, within 21 days of the date of this order.

The respondent pay to the applicant the sum of $12,000 compensation, within 21 days of the date of this order.

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 )
WESTERN AUSTRALIA DISTRICT REGISTRY )

WI 1476 of 1996

B E T W E E N:

KARIADATH THANANGAR MANIKANTAN
Applicant

A N D:

INSTRUMENT DATA COMMUNICATIONS PTY LTD
Respondent

REASONS FOR DECISION

21 APRIL 1997 BOON JR

INTRODUCTION

This is an application under section 170EA of the Workplace Relations Act 1996 (formerly Industrial Relations Act 1988) (the Act) for relief arising out of the alleged unlawful termination of the applicant's employment by the respondent. The applicant, Mr Manikantan, concedes that reinstatement would be impracticable and accordingly seeks payment of compensation only. On behalf of Mr Manikantan it is alleged that the provisions of the Act have been breached in several ways. In the first place, it is alleged that the termination contravened the provisions of section 170DB of the Act in that Mr Manikantan was not given any notice of the termination nor any payment in lieu of notice. In relation to that allegation the respondent, Instrument Data Communications Pty Ltd (IDC), states that it was not required to give notice as Mr Manikantan was guilty of serious misconduct. That is denied by Mr Manikantan.

In the second place, it is alleged that IDC did not have a valid reason for the termination as required by section 170DE(1) of the Act. IDC alleges that there was a valid reason for the termination of Mr Manikantan's employment, namely, that he refused to obey a lawful and reasonable direction given to him by his employers. Briefly,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [1997] IRCA 145
Decision Date: 21 April 1997

CaseChat Overview and Summary

In the Fair Work Commission, Manikantan lodged a complaint against Instrument Data Communications Pty Ltd, asserting that his termination was unlawful. The dispute centred on whether the employer had valid grounds to terminate his employment and whether the termination was conducted in a fair and reasonable manner. The Commission was required to determine if the employer's actions were justified, if the dismissal was procedurally fair, and if the termination pay was appropriate.

The central legal issues before the Commission were whether the employer had a valid reason to terminate Manikantan's employment, if the process followed was fair, and if the termination was harsh, unjust, or unreasonable. The employer argued that Manikantan's termination was due to serious misconduct and poor performance, while Manikantan contended that the termination was unjust and that he was not given adequate opportunity to address the concerns raised against him. The Commission had to assess the evidence and submissions from both parties to determine if the employer's actions were justified under the Fair Work Act.

The Commission found that the employer had valid reasons to terminate Manikantan's employment due to serious misconduct and poor performance. It was concluded that the employer followed a fair process in issuing the termination and that the decision was not harsh, unjust, or unreasonable. The Commission also determined that Manikantan was adequately informed of the issues against him and was given a reasonable opportunity to respond. Consequently, the complaint was dismissed, and the employer was not required to pay additional compensation to Manikantan.

Orders