Brendan Cartmel and Skilled Engineering Pty Limited [1995] IRCA 140

Brendan Cartmel and Skilled Engineering Pty Limited [1995] IRCA 140

The applicant resigned using words that conveyed a voluntary resignation, and the respondent was entitled to accept that resignation. The facts as found did not constitute an unlawful termination at the initiative of the employer. In any event, had the respondent terminated the employment, the earlier counselling,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 April 1995
Procedural Posture
Application Pursuant to S170 EA of the Industrial Relations Act 1988 Claiming Unlawful Termination of Employment and Seeking Reinstatement / Reasons for Judgment and Order After Hearing
Outcome
Application dismissed.
Legal Topics
['unlawful Termination' 'resignation' 'performance and Discipline Procedure' 'written Warning' 'procedural Fairness']
['industrial Law' 'employment Law'] ['unlawful Termination' 'resignation' 'performance and Discipline Procedure' 'written Warning' 'procedural Fairness']

Source-derived case record

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Procedural Posture

Application Pursuant to S170 EA of the Industrial Relations Act 1988 Claiming Unlawful Termination of Employment and Seeking Reinstatement / Reasons for Judgment and Order After Hearing

Legal Issues

  1. 1 ["Whether the applicant's employment was terminated at the initiative of the employer or ended by resignation." 'Whether, if the employment was terminated by the employer, there were valid reasons for termination and the termination was harsh, unjust or unreasonable.' "Whether the respondent's performance and discipline procedure was followed in relation to counselling, warning and termination processes."]

Ratio Decidendi

The applicant resigned using words that conveyed a voluntary resignation, and the respondent was entitled to accept that resignation. The facts as found did not constitute an unlawful termination at the initiative of the employer. In any event, had the respondent terminated the employment, the earlier counselling, written warning and final interview would have provided valid grounds and the termination would not have been devoid of procedural or substantive fairness or harsh, unjust or unreasonable.

Court Disposition

Application dismissed.

Orders

  • ['The application pursuant to S170EA of the Industrial Relations Act 1988 be dismissed.']