Woodbury, Barry Keith v Barminco Pty Ltd [1998] FCA 1211

Woodbury, Barry Keith v Barminco Pty Ltd [1998] FCA 1211

The three-month probationary period, although near the upper limit of reasonableness for the applicant's employment, was reasonable having regard to the nature and circumstances of his role. The applicant was therefore excluded from statutory protection under Division 3 of Part VIA of the Industrial Relations Act by Regulation 30B(1)(c).

Jurisdiction
Australia
Judgment Date
25 September 1998
Procedural Posture
Application for Review of Judicial Registrar's Decision / Judgment
Outcome
Application dismissed; Judicial Registrar's orders set aside; applicant excluded under Regulation 30B(1)(c);
Legal Topics
['probationary Employment' 'termination of Employment' 'reasonableness of Probation Period']
['industrial Law'] ['probationary Employment' 'termination of Employment' 'reasonableness of Probation Period']

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Procedural Posture

Application for Review of Judicial Registrar's Decision / Judgment

Legal Issues

  1. 1 ['Whether the applicant was a probationary employee within Regulation 30B(1)(c) of the Industrial Relations Regulations' 'Whether the period of probation was reasonable having regard to the nature and circumstances of the employment']

Ratio Decidendi

The three-month probationary period, although near the upper limit of reasonableness for the applicant's employment, was reasonable having regard to the nature and circumstances of his role. The applicant was therefore excluded from statutory protection under Division 3 of Part VIA of the Industrial Relations Act by Regulation 30B(1)(c).

Court Disposition

Application dismissed; Judicial Registrar's orders set aside; applicant excluded under Regulation 30B(1)(c);

Orders

  • ['The orders of the Judicial Registrar made on 22 January 1998 be set aside.' 'The applicant is excluded by Regulation 30B(1)(c) of the Industrial Relations Regulations from the operation of Subdivisions B, C, D and E of Division 3 of Part VIA of the Industrial Relations Act 1988.' 'The application be dismissed.']