//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
[2002] AIRC 16
appellant. The Commission found that the applicant was harshly, unjustly and unreasonably terminated. Compensation equivalent to 15 weeks' wages at the weekly rate at the date of termination was awarded.
A cook at a nursing home was sacked for taking a photo of her timesheet (against rules) and alleged fraud. The Industrial Relations Commission found that taking the photo was only a minor issue that deserved a warning at most, not dismissal. The fraud claims had no evidence to back them up. Because the employer couldn't prove any serious wrongdoing, the sacking was unfair. The cook was awarded 15 weeks' pay as compensation.
AI-generated legal information, not legal advice. Zoe can make mistakes. Check the cited source, and for advice about your situation consult a qualified Australian lawyer.
1 cited instrument linked from this judgment.
s.170CE application for relief in respect of termination of employment
[1] This is a decision about an application made pursuant to s.170CE of Workplace Relations Act 1996 (The Act) by Ms M Bennion (the Applicant) against Eleanor Private Nursing Home (the Respondent), the applicant alleges that her dismissal from her position of cook at the respondent business was harsh, unjust and unreasonable and that as no valid reason existed for the termination the principal of a "fair go all round" as used by Sheldon J in Loty and Holloway v. The Australian Workers' Union [1971] AR (NSW) 95 was not applied.
[2] The applicant sought compensation in lieu of reinstatement as remedy against the respondent.
[3] The respondent submitted that the termination was valid, was not harsh, unjust or unreasonable and as such "Loty" did not apply.
[4] The Commission after weighing the witness evidence of the applicant and respondent and hearing submissions of Ms Corbisiero of Counsel for the applicant and Mr Wragg as Agent for the respondent finds that the applicant Ms Margaret Bennion was harshly, unjustly and unreasonably terminated from her employment by the respondent, she was not given a "fair go all round" and the termination was for no valid reason.
[5] The Commissions reasons for reaching this decision are:
· The only action of wrongdoing, supported by evidence was that the applicant photographed one of her time sheets against the instructions printed on the timesheets, an action the applicant freely admitted prior to her termination and in giving evidence to the Commission, this action is at worst a minor misdemeanour and should have attracted a reprimand at worst.
· The allegations of fraudulent conduct by the applicant put by Mr Wragg for the respondent were unsubstantiated allegations from the Bar table, no evidence was called to support them and in any event they were strongly refuted by the applicants evidence and the submission of Ms Corbisiero.
· The evidence of Mr Duckworth was of no use to the respondent's case and to the Commission.
[6] Finally the respondent presented no real witness evidence to support any of the contentions against the applicant made by Mr Wragg in his submissions, conversely Ms Corbisiero's examination of the applicant brought out the facts of the issues of this application and her submissions were supported by factual evidence and properly structured rebuttal of the arguments put by the respondent.
[7] The Commission as compensation in remedy for the applicants harsh, unjust and unreasonable termination of employment by the respondent awards the applicant an amount equivalent to 15 weeks wages at the weekly rate of wage being paid to the applicant at the date of termination of employment.
[8] The applicant's legal representatives are to supply the Commission with a draft order reflecting this decision within 7 days of the date of this decision.
[9] It should be noted that the amount of compensation awarded was reached taking into account the amounts earned in mitigation against loss of earnings and applying the "Spriggs Formula".
Printed by authority of the Commonwealth Government Printer
Margaret Mary Bennion
Eleanor Private Nursing Home - PR912923 [2002] AIRC 16;
The Commission found that the applicant was harshly, unjustly and unreasonably terminated. Compensation equivalent to 15 weeks' wages at the weekly rate at the date of termination was awarded.