Rosemarie D'Lima v Board of Management, Princess Margaret Hospital for Children [1995] IRCA 407

Rosemarie D'Lima v Board of Management, Princess Margaret Hospital for Children [1995] IRCA 407

Ms D'Lima was in substance continuously employed from 18 June 1993 to 11 December 1994, with a period of leave, and the repeated temporary appointment forms were matters of administrative convenience rather than true contracts for specified periods. In any event, the entitlement to fourteen days' notice meant the alleged contracts were not contracts for a specified period of time. Reg 30B(1)(a) therefore did not exclude the application. The hospital terminated the employment at its initiative and did so without a valid reason connected with capacity, conduct or operational requirements, contravening s170DE(1) of the Industrial Relations Act 1988.

Jurisdiction
Australia
Judgment Date
25 August 1995
Procedural Posture
Application Under S170 EA of the Industrial Relations Act 1988 for Remedies Following Alleged Dismissal; Review of Judicial Registrar's Decision / Review Heard by Marshall J After Judicial Registrar Ordered Compensation
Outcome
Termination declared to contravene s170DE of the Industrial Relations Act 1988; compensation ordered.
Legal Topics
['termination of Employment' 'unlawful Termination' 'fixed Term Contracts' 'specified Period of Time' 'valid Reason for Termination' 'termination at the Initiative of the Employer' 'compensation']
['industrial Law' 'employment Law'] ['termination of Employment' 'unlawful Termination' 'fixed Term Contracts' 'specified Period of Time' 'valid Reason for Termination' 'termination at the Initiative of the Employer' 'compensation']

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Procedural Posture

Application Under S170 EA of the Industrial Relations Act 1988 for Remedies Following Alleged Dismissal; Review of Judicial Registrar's Decision / Review Heard by Marshall J After Judicial Registrar Ordered Compensation

Legal Issues

  1. 1 ["Whether the applicant was engaged under a series of contracts for a specified period of time so that Reg 30B(1)(a) of the Industrial Relations Regulations excluded the application from the Court's jurisdiction." 'Whether the cessation of employment was termination at the initiative of the employer or merely expiry of a fixed term contract.' "Whether the termination was for a valid reason connected with the applicant's capacity, conduct or the operational requirements of the hospital." 'What remedy should be ordered if the termination contravened the Act.']

Ratio Decidendi

Ms D'Lima was in substance continuously employed from 18 June 1993 to 11 December 1994, with a period of leave, and the repeated temporary appointment forms were matters of administrative convenience rather than true contracts for specified periods. In any event, the entitlement to fourteen days' notice meant the alleged contracts were not contracts for a specified period of time. Reg 30B(1)(a) therefore did not exclude the application. The hospital terminated the employment at its initiative and did so without a valid reason connected with capacity, conduct or operational requirements, contravening s170DE(1) of the Industrial Relations Act 1988.

Court Disposition

Termination declared to contravene s170DE of the Industrial Relations Act 1988; compensation ordered.

Orders

  • ['It is declared that the termination of the employment of the applicant contravened s170DE Industrial Relations Act 1988.' 'The respondent shall pay compensation pursuant to s170EE(3) of the Act to the applicant in the sum of $2,800 within 7 days hereof.']