Shields & National Union of Workers v Rubbermaid Australia Pty Ltd [1996] IRCA 319

Shields & National Union of Workers v Rubbermaid Australia Pty Ltd [1996] IRCA 319

The applicants' final contracts were entered into on 31 October 1995 for a specified period of one month, following an initial period of three and a half months; both terms are less than six months. No evidence showed the main purpose of the contracts was to avoid statutory obligations. Their employment was terminated by effluxion of time; therefore, the exclusions in Regulation 30B(1)(aa) apply, and the applications must be dismissed.

Jurisdiction
Australia
Judgment Date
19 July 1996
Procedural Posture
Termination of Employment / Final Judgment
Outcome
applications dismissed
Legal Topics
['termination of Employment' 'contract for Specified Period' 'fixed Term Contract Exclusion Under Industrial Relations Regulations' 'union Involvement in Employment Termination']
['industrial Law'] ['termination of Employment' 'contract for Specified Period' 'fixed Term Contract Exclusion Under Industrial Relations Regulations' 'union Involvement in Employment Termination']

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Procedural Posture

Termination of Employment / Final Judgment

Legal Issues

  1. 1 ["Whether applicants' contracts of employment were for a specified period of time and thus excluded from unfair dismissal provisions." 'Whether terminations were for prohibited reasons (union involvement).' 'Whether terminations were harsh, unjust or unreasonable.']

Ratio Decidendi

The applicants' final contracts were entered into on 31 October 1995 for a specified period of one month, following an initial period of three and a half months; both terms are less than six months. No evidence showed the main purpose of the contracts was to avoid statutory obligations. Their employment was terminated by effluxion of time; therefore, the exclusions in Regulation 30B(1)(aa) apply, and the applications must be dismissed.

Court Disposition

applications dismissed

Orders

  • ['The application of Allan John Shields being proceeding No. VI 6169 of 1995 is dismissed.' 'The application of Dean Mathew Hermon being proceeding No. VI 6170 of 1995 is dismissed.' 'There be liberty to the parties to apply to the Court on reasonable notice regarding the issue of costs on each application.']