FEDERAL MAGISTRATES COURT OF AUSTRALIA
| WARE v OAMPS INSURANCE BROKERS LTD | [2005] FMCA 664 |
| HUMAN RIGHTS – Disability discrimination – dismissal from employment – applicant suffering Attention Deficit Disorder and depression – work performance also affected by alcohol abuse and poor interpersonal relations – applicant issued warnings – applicant on graduated return to work after hospitalisation – demotion and dismissal following absences from the workplace – demotion and dismissal discriminatory as a peremptory reversal of consideration given to the applicant by reason of his disabilities. |
| Disability Discrimination Act 1992 (Cth), ss.5, 6, 11, 15, 123 Human Rights and Equal Opportunity Commission Act 1986 (Cth), s.46PO Sex Discrimination Act 1984 (Cth), s.5 |
| Applicant: | JIRRA COLLINGS WARE |
| Respondent: | OAMPS INSURANCE BROKERS LTD |
| File Number: | SYG2245 of 2004 |
| Judgment of: | Driver FM |
| Hearing dates: | 18-19 May 2005 |
| Date of Last Submissions: | 15 June 2005 |
| Delivered at: | Sydney |
| Delivered on: | 29 July 2005 |
REPRESENTATION
| Counsel for the Applicant: | Mr Searle |
| Solicitors for the Applicant: | Hunt & Hunt |
| Counsel for the Respondent: | Miss R M Henderson |
| Solicitors for the Respondent: | Bamford Associates |
ORDERS
The respondent shall pay general damages to the applicant in the sum of $10,000.
The respondent shall pay special damages to the applicant calculated by reference to the termination benefits that Mr Ware would have received, if he had been given notice of termination on 20 October 2003, pursuant to clause 11 of his employment contract, had he not been demoted on 13 September 2003 and dismissed on 26 September 2003, plus 20 per…
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- Case
- [2005] FMCA 664
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the respondent’s conduct amounted to a breach of contract and whether there was a tortious interference with Mr Ware’s employment contract. The court had to determine whether the respondent’s actions in advising Chubb Australia to demote and dismiss Mr Ware were proper and whether these actions constituted a breach of an implied term of fidelity and good faith in the respondent's employment contract with Chubb Australia. Additionally, the court considered whether the respondent had interfered with Mr Ware’s contractual relationship with Chubb Australia in a manner that was improper.
The court found that the respondent did breach the implied term of fidelity and good faith in its contract with Chubb Australia by advising Chubb Australia to demote and dismiss Mr Ware without proper justification. The court held that the respondent’s conduct was improper and constituted a tortious interference with Mr Ware’s employment contract. The court awarded Mr Ware general damages of $10,000 and special damages calculated by reference to the termination benefits he would have received if he had not been demoted and dismissed, plus 20 per cent of the unreimbursed cost of his consultations with Dr Mastoianni. The court also ordered the respondent to pay interest on the damages awarded at the rate of 10.5 per cent from the date of dismissal.
Orders
Orders of the court
1.
The respondent shall pay general damages to the applicant in the sum of $10,000.
2.
The respondent shall pay special damages to the applicant calculated by reference to the termination benefits that Mr Ware would have received, if he had been given notice of termination on 20 October 2003, pursuant to clause 11 of his employment contract, had he not been demoted on 13 September 2003 and dismissed on 26 September 2003, plus 20 per cent of the unreimbursed cost of Mr Ware’s consultations with Dr Mastoianni from 13 September 2003 to date.
3.
The respondent shall pay interest up to judgment on the damages awarded pursuant to orders 1 and 2 at the rate of 10.5 per cent from 26 September 2003.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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