Adele Crane v Spanline Weatherstrong Building Systems Pty Limited [1995] IRCA 567

Adele Crane v Spanline Weatherstrong Building Systems Pty Limited [1995] IRCA 567

The applicant was an employee of the respondent, but the evidence did not establish that the respondent had agreed to pay a guaranteed minimum wage or base retainer beyond commission, or that there was an applicable minimum wage obligation. Because there was no fundamental failure to pay wages or commission owed, the respondent did not initiate the termination. The applicant resigned by letter dated 23 March 1995, so there was no termination of employment at the initiative of the employer and the s170EA application failed.

Jurisdiction
Australia
Judgment Date
17 October 1995
Procedural Posture
Application Pursuant to S170 EA of the Industrial Relations Act 1988 Alleging Unlawful Termination / Reasons for Decision and Minutes of Orders After Hearing
Outcome
Application dismissed.
Legal Topics
['unlawful Termination' 'employee or Independent Contractor' 'resignation' 'termination at the Initiative of the Employer' 'constructive Dismissal' 'commission Remuneration']
['industrial Law' 'employment Law'] ['unlawful Termination' 'employee or Independent Contractor' 'resignation' 'termination at the Initiative of the Employer' 'constructive Dismissal' 'commission Remuneration']

Case Brief

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Procedural Posture

Application Pursuant to S170 EA of the Industrial Relations Act 1988 Alleging Unlawful Termination / Reasons for Decision and Minutes of Orders After Hearing

Legal Issues

  1. 1 ['Whether the applicant was an employee of the respondent or an independent contractor or employee of franchisees.' "Whether the applicant's resignation constituted a termination of employment at the initiative of the employer." 'Whether the respondent had a contractual obligation to pay wages or a guaranteed minimum/base amount to the applicant and failed to do so.']

Ratio Decidendi

The applicant was an employee of the respondent, but the evidence did not establish that the respondent had agreed to pay a guaranteed minimum wage or base retainer beyond commission, or that there was an applicable minimum wage obligation. Because there was no fundamental failure to pay wages or commission owed, the respondent did not initiate the termination. The applicant resigned by letter dated 23 March 1995, so there was no termination of employment at the initiative of the employer and the s170EA application failed.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.']