BISHOP v EMORA PTY LTD [1997] IRCA 55

BISHOP v EMORA PTY LTD [1997] IRCA 55

The 21 October 1996 letter was construed as an offer to accept the total settlement figure for all claims, not as separate offers capable of acceptance claim by claim. In any event, the purported acceptance about three and a half months later, after preparation for trial, was not within a reasonable time. The respondent's contention that the matters were settled therefore failed.

Jurisdiction
Australia
Judgment Date
07 February 1997
Procedural Posture
Termination of Employment Unlawful Termination / Extempore Reasons on Respondent's Submission That the Matters Had Been Settled
Outcome
The matters were held not to be settled and were to proceed to hearing on the merits.
Legal Topics
['unlawful Termination' 'unfair Dismissal' 'settlement Offers' 'acceptance of Offers' 'reasonable Time for Acceptance']
['employment Law' 'contract Law'] ['unlawful Termination' 'unfair Dismissal' 'settlement Offers' 'acceptance of Offers' 'reasonable Time for Acceptance']

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Procedural Posture

Termination of Employment Unlawful Termination / Extempore Reasons on Respondent's Submission That the Matters Had Been Settled

Legal Issues

  1. 1 ["Whether the applicants' letter of 21 October 1996 was an open offer to settle the two unfair dismissal claims for $20,000 separately from the other claims." 'Whether the respondent could accept only the unfair dismissal component of a total settlement proposal covering several claims.' 'Whether the purported acceptance on 7 February 1997 occurred within a reasonable time.']

Ratio Decidendi

The 21 October 1996 letter was construed as an offer to accept the total settlement figure for all claims, not as separate offers capable of acceptance claim by claim. In any event, the purported acceptance about three and a half months later, after preparation for trial, was not within a reasonable time. The respondent's contention that the matters were settled therefore failed.

Court Disposition

The matters were held not to be settled and were to proceed to hearing on the merits.

Orders

  • ['The matters are not settled.' 'The matters should proceed to hearing on the merits.']