Catherine Elizabeth Forrest v Tatiara Meat Co Pty Ltd [1995] IRCA 601

rgued that the conduct of the Applicant was serious and wilful and justified summary dismissal. Counsel for the Applicant argued that the conduct did not justify summary dismissal and that the Applicant should have been given a further warning or been subjected to other discipline available pursuant to the Agreement. In my view the conduct of the Applicant was not so serious as to warrant summary dismissal. In my view she is entitled to one weeks wages in lieu of notice pursuant to the Tatiara Meat Processing Agreement 1994 as damages. The conduct of the Applicant clearly warranted some disciplinary action from the Respondent however in my view the Applicant should have been given one further chance prior to dismissal. I think such a further chance is especially warranted in this matter because of the Respondent's failure to ensure the telephone is always answered, a matter which could easily have been remedied by the installation of an answering machine, and its failure to ensure that any record was kept of calls especially as it regarded the failure to notify illness so seriously. I therefore find that the termination of the Applicant's employment was harsh unjust and unreasonable. I will delay the assessment of compensation in this matter as the Applicant has a claim for workers compensation which will shortly be determined and it is likely that the outcome of that claim will have some bearing on the compensation to be awarded. I certify that this and the preceding page are a true copy of the reasons for my judgment. DATE OF HEARING 11 & 12 OCTOBER 1995 PLACE OF HEARING BORDERTOWN FOR THE APPLICANT : MS F ROBINSON FOR THE RESPONDENT : MS S SHAW