Allan Craig Gibson and Bosmac Pty Ltd [1995] IRCA 1
Termination of the applicant was for a valid reason—refusal to work overtime was failure to obey a reasonable, lawful direction after clear warning, and did not contravene Division 3 of Part VIA of the Industrial Relations Act 1988.
- Parties
- Applicant: Allan Craig Gibson; Respondent: Bosmac Pty Limited
- Jurisdiction
- Australia
- Judgment Date
- 06 January 1995
- Procedural Posture
- Unlawful Termination Application / Judgment
- Outcome
- Application dismissed
- Legal Topics
- Unlawful Termination, Overtime Requirements, Reasonable Lawful Directions in Employment, Metal and Engineering Award
Case Brief
Summary, issues, holding and outcome
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Parties
Allan Craig Gibson
Applicant
Bosmac Pty Limited
Respondent
Procedural Posture
Unlawful Termination Application / Judgment
Legal Issues
- 1 Whether the termination of the applicant's employment contravened Division 3 of Part VIA of the Industrial Relations Act 1988
- 2 Whether the request for overtime was reasonable and a lawful direction
- 3 Whether the applicant was properly warned regarding overtime requirements
Ratio Decidendi
Termination of the applicant was for a valid reason—refusal to work overtime was failure to obey a reasonable, lawful direction after clear warning, and did not contravene Division 3 of Part VIA of the Industrial Relations Act 1988.
Court Disposition
Application dismissed
Orders
- The termination of the employment of the applicant did not contravene Division 3 of Part VIA of the Industrial Relations Act 1988.
- The application of the applicant Allan Craig Gibson is dismissed.
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