McKerlie v State of New South Wales [2000] NSWSC 998
The claim, seeking compensation for loss resulting from constructive dismissal, was barred by s 55 of the Public Sector Management Act 1988. As the appellant's resignation, even if treated as constructive dismissal, triggered the statutory prohibition on compensation, there was no cause of action in contract arising from breach of implied terms.
- Jurisdiction
- Australia
- Judgment Date
- 31 October 2000
- Procedural Posture
- Appeal / Appeal From Master’s Dismissal of Statement of Claim
- Outcome
- Appeal dismissed
- Legal Topics
- ['crown Employees' 'probationary Employment' 'implied Term of Mutual Confidence and Trust' 'constructive Dismissal' 'compensation Bar Under Statute']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Appeal From Master’s Dismissal of Statement of Claim
Legal Issues
- 1 ['Whether Crown employee on probation can claim for constructive dismissal' 'Whether implied term of mutual confidence and trust is actionable in this context' 'Whether compensation for termination is barred by s 55 Public Sector Management Act 1988']
Ratio Decidendi
The claim, seeking compensation for loss resulting from constructive dismissal, was barred by s 55 of the Public Sector Management Act 1988. As the appellant's resignation, even if treated as constructive dismissal, triggered the statutory prohibition on compensation, there was no cause of action in contract arising from breach of implied terms.
Court Disposition
Appeal dismissed
Orders
- ['Appeal dismissed with costs' 'Orders of the Master confirmed']
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