Barnes, Andrew v Canon Australia Pty Ltd [1998] FCA 555

Barnes, Andrew v Canon Australia Pty Ltd [1998] FCA 555

Mr Barnes did not prove that his employment was terminated at Canon's initiative. His decision to resign was essentially voluntary, remaining employed was a real and reasonable option, and Canon's conduct was not such that he could not be expected to put up with it. Although some conduct by Mr Glanger and Mr Spencer...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 May 1998
Procedural Posture
Application Under S 170 EA of the Industrial Relations Act 1988, Now Workplace Relations Act 1996, for Compensation for Alleged Unlawful Termination of Employment / Reasons for Judgment and Orders Dismissing the Application
Outcome
Application dismissed.
Legal Topics
['unlawful Termination' 'termination at the Initiative of the Employer' 'resignation' 'constructive Dismissal' 'implied Term of Trust and Confidence']
['industrial Law' 'employment Law'] ['unlawful Termination' 'termination at the Initiative of the Employer' 'resignation' 'constructive Dismissal' 'implied Term of Trust and Confidence']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application Under S 170 EA of the Industrial Relations Act 1988, Now Workplace Relations Act 1996, for Compensation for Alleged Unlawful Termination of Employment / Reasons for Judgment and Orders Dismissing the Application

Legal Issues

  1. 1 ["Whether Mr Barnes' resignation was in substance a termination at the initiative of Canon for the purposes of s 170EA of the Act." "Whether Canon's conduct, including changes to Mr Barnes' workload, comments and physical touching by Mr Spencer, and alleged hostility from Mr Glanger, made continued employment untenable or destroyed the relationship of trust and confidence."]

Ratio Decidendi

Mr Barnes did not prove that his employment was terminated at Canon's initiative. His decision to resign was essentially voluntary, remaining employed was a real and reasonable option, and Canon's conduct was not such that he could not be expected to put up with it. Although some conduct by Mr Glanger and Mr Spencer was inappropriate, it was not intended to procure Mr Barnes' resignation, and it was probable that Mr Spencer would have addressed Mr Barnes' concerns had they been articulated.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.' 'The time for filing any application arising from Order 1 shall run from the date on which the reasons for decision are published.']