Adam Daniel Scully v Riteway Transport Pty Ltd [1995] IRCA 575

Adam Daniel Scully v Riteway Transport Pty Ltd [1995] IRCA 575

The applicant's mother acted with actual authority, inferred from past conduct, to resign the applicant's employment on his behalf; thus, employment ended by resignation and not by termination initiated by the employer. The application for unlawful termination must be dismissed.

Parties
Applicant: Adam Daniel Scully; Respondent: Riteway Transport Pty Ltd
Jurisdiction
Australia
Judgment Date
24 October 1995
Procedural Posture
Industrial Law Unlawful Termination Complaint / Final Decision at First Instance
Outcome
Application dismissed
Legal Topics
Unlawful Termination, Resignation, Agency, Employment Termination
Industrial Law Unlawful Termination Resignation Agency Employment Termination

Case Brief

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Parties

Adam Daniel Scully

Applicant

Riteway Transport Pty Ltd

Respondent

Procedural Posture

Industrial Law Unlawful Termination Complaint / Final Decision at First Instance

Legal Issues

  1. 1 Whether the applicant's employment was terminated by resignation or at the initiative of the employer
  2. 2 Whether the applicant authorised his mother to resign his employment on his behalf

Ratio Decidendi

The applicant's mother acted with actual authority, inferred from past conduct, to resign the applicant's employment on his behalf; thus, employment ended by resignation and not by termination initiated by the employer. The application for unlawful termination must be dismissed.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.