Affinity Health Pty Limited v Keene [2009] FCA 643

Affinity Health Pty Limited v Keene [2009] FCA 643

The employer did not have a right under the relevant industrial instrument to unilaterally transfer the employee to lower duties at lesser pay. The purported transfer amounted to a repudiation, and the employee's resignation in response constituted a termination by the employer, entitling her to severance pay.

Parties
Appellant: Affinity Health Pty Limited; Respondent: Karen Keene
Jurisdiction
Australia
Judgment Date
15 June 2009
Procedural Posture
Appeal / Judgment on Appeal From Federal Magistrates Court
Outcome
Appeal dismissed
Legal Topics
Redundancy, Severance Pay, Termination of Employment, Interpretation of Transitional Industrial Instruments
Employment Law Industrial Law Redundancy Severance Pay Termination of Employment Interpretation of Transitional Industrial Instruments

Case Brief

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Parties

Affinity Health Pty Limited

Appellant

Karen Keene

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Federal Magistrates Court

Legal Issues

  1. 1 Whether the employer had the right to transfer the employee to lower paid duties under the relevant industrial instrument
  2. 2 Whether the employee was terminated and entitled to severance pay
  3. 3 Whether the argument about dismissal was properly raised before the Industrial Magistrate

Ratio Decidendi

The employer did not have a right under the relevant industrial instrument to unilaterally transfer the employee to lower duties at lesser pay. The purported transfer amounted to a repudiation, and the employee's resignation in response constituted a termination by the employer, entitling her to severance pay.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.