Santoro v Hoffman [1998] IRCA 3

Santoro v Hoffman [1998] IRCA 3

The applicant voluntarily left her employment rather than being dismissed by the employer; the evidence did not show that the acts of the employer made it unreasonable to expect her to remain. The unlawful termination provisions did not apply since the termination was not at the initiative of the employer.

Parties
Applicant: Anna Maria Santoro; Respondent: Dr Keturah Hoffman
Jurisdiction
Australia
Judgment Date
29 January 1998
Procedural Posture
Application Under Industrial Relations Act 1988 S 170 EA (unlawful Termination) / Final Hearing and Determination
Outcome
Application dismissed
Legal Topics
Unlawful Termination, Voluntary Resignation, Constructive Dismissal, Employment Relationship
Industrial Law Unlawful Termination Voluntary Resignation Constructive Dismissal Employment Relationship

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Parties

Anna Maria Santoro

Applicant

Dr Keturah Hoffman

Respondent

Procedural Posture

Application Under Industrial Relations Act 1988 S 170 EA (unlawful Termination) / Final Hearing and Determination

Legal Issues

  1. 1 Whether the applicant's employment was terminated at the initiative of the employer
  2. 2 Whether the applicant's departure constituted resignation or unlawful termination

Ratio Decidendi

The applicant voluntarily left her employment rather than being dismissed by the employer; the evidence did not show that the acts of the employer made it unreasonable to expect her to remain. The unlawful termination provisions did not apply since the termination was not at the initiative of the employer.

Court Disposition

Application dismissed

Orders

  • The applicant's employment was not terminated at the initiative of the employer.
  • The application is dismissed.