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UNFAIR DISMISSAL CASE SETTLED AGAINST
GLOBAL RESOURCES COMPANY

Berrigan Doube Lawyers were successful in obtaining a significant sum of damages for a client in February 2007 against a global resources company (“Defendant”) with whom the client had been employed for just over two years.  The client resigned from the Defendant’s employment in November 2006 and was effectively walked out of the premises by the Defendant.

After the client engaged us to act on his behalf, we filed an Application in the Australian Industrial Relations Commission (“AIRC”) for Relief in Relation to Termination of Employment on the grounds that his termination was harsh, unjust or unreasonable pursuant to section 643(1) of the Workplace Relations Act 1996 (“the Act”).  The Defendant briefed a large law firm based in Australia.

In December 2006, the parties attended a conciliation conference at the AIRC but were unsuccessful in settling the matter.  It was the view of the Defendant that our client had no case and would not succeed in the following arbitration. No offer of settlement was therefore offered by the Defendant.  At that time, the matter proceeded to arbitration and a date was set down in March 2007 for hearing.

The Defendant then proceeded to file its submissions which amounted to just over 300 pages.  At the arbitration, 5 lawyers appeared for the parties together with witnesses and the expected mountain of documents and evidence which were being relied upon.  Following intense debate with the Defendant at the arbitration, we were successful in convincing the Defendant to settle the matter with a significant payout to our client.

If you have an unfair dismissal or unlawful dismissal matter, please do not hesitate to contact us for more information.