Fuller, Bradley James v Yates, David Bruce & Anor t/as Beaufort Firewood Supplies [1997] FCA 1236

Fuller, Bradley James v Yates, David Bruce & Anor t/as Beaufort Firewood Supplies [1997] FCA 1236

On the balance of evidence, the court found that the applicant, Mr Fuller, chose to abandon his employment with the respondents rather than being terminated by them. Consequently, there was no termination at the initiative of the employer, and the application for unlawful termination was dismissed.

Parties
Applicant: Bradley James Fuller; Respondents: David Bruce Yates and Alan Edward Waldron trading as Beaufort Firewood Supplies
Jurisdiction
Australia
Judgment Date
03 July 1997
Procedural Posture
Industrial Law Unlawful Termination Claim / Review of Judicial Registrar's Determination
Outcome
Application dismissed
Legal Topics
Unlawful Termination, Termination of Employment, Workplace Relations Act 1966 (cth)
Industrial Law Unlawful Termination Termination of Employment Workplace Relations Act 1966 (cth)

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Parties

Bradley James Fuller

Applicant

David Bruce Yates and Alan Edward Waldron trading as Beaufort Firewood Supplies

Respondents

Procedural Posture

Industrial Law Unlawful Termination Claim / Review of Judicial Registrar's Determination

Legal Issues

  1. 1 Whether the applicant's employment was terminated by the respondents or abandoned by the applicant
  2. 2 Whether the termination was in contravention of the Workplace Relations Act 1966 (Cth)

Ratio Decidendi

On the balance of evidence, the court found that the applicant, Mr Fuller, chose to abandon his employment with the respondents rather than being terminated by them. Consequently, there was no termination at the initiative of the employer, and the application for unlawful termination was dismissed.

Court Disposition

Application dismissed

Orders

  • The orders of Judicial Registrar Millane made on 27 March 1997 are set aside.
  • The application is dismissed.