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Keith Fearnley v Tenix Defence Systems Pty Ltd   flag 

[2000] AIRC 1348
Australian Industrial Relations Commission
Australia
25th February, 2000

Legislation Cited

Legislation Name Provision
Workplace Relations Act 1996 (Cth)

Cases and Articles Cited

Case Name Citation(s) Court Jurisdiction Date †  Full Text Citation Index
Keith Fearnley v Tenix Defence Systems Pty Ltd [2000] AIRC 943 Australian Industrial Relations Commission Australia 25 Feb 2000 AustLII flag 2
Wark v Melbourne City Toyota (1999) 89 IR 132 circa 1999 34
Australia Meat Holdings Pty Ltd v McLauchlan (1998) 84 IR 1 circa 1998 440
AWU-FIME Amalgamated Union v Queensland Alumina Ltd [1995] IRCA 346; (1995) 62 IR 385 Industrial Relations Court of Australia Australia 17 Jul 1995 AustLII flag 77
A termination may be unjust because, on the evidence before the Commission, the employee was not guilty of the misconduct on which the employer acted Further, a termination may be unreasonable because it was decided on inferences which could not reasonably have been drawn from the material before the employer Even where the findings of an employers enquiry are reasonable the Commission may conclude that a termination of employment on the basis of those findings was harsh because the penalty was disproportionate to the misconduct [Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Australia - Commonwealth circa 1995 Legal Online / Westlaw flag 2517
84 Ir 1 84 IR 1 circa 1995 24

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