Cansever Yegen v Defab Weavers Pty Ltd [1995] IRCA 472

Cansever Yegen v Defab Weavers Pty Ltd [1995] IRCA 472

The Court preferred the respondent's version of the critical facts as more inherently probable. The applicant failed on the balance of probabilities to prove that the respondent terminated her employment; the Court found that she abandoned her employment. Because the respondent did not terminate the applicant's employment, there was no relevant breach of the Act and the s170EA application was dismissed.

Jurisdiction
Australia
Judgment Date
18 September 1995
Procedural Posture
Application Under S170 EA Industrial Relations Act 1988 Alleging Unlawful Termination; Review of Judicial Registrar's Exercise of Power Under S377 of the Act / Review Conducted as a Complete Re Hearing After Judicial Registrar Tomlinson Ordered Compensation
Outcome
The review succeeded; the Judicial Registrar's order was set aside, the Court declared that the respondent did not terminate the applicant's employment, and the s170EA application was dismissed.
Legal Topics
['unlawful Termination' 'abandonment of Employment' 'dismissal' 'resignation' "review of Judicial Registrar's Exercise of Power"]
['industrial Law' 'employment Law'] ['unlawful Termination' 'abandonment of Employment' 'dismissal' 'resignation' "review of Judicial Registrar's Exercise of Power"]

Case Brief

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Procedural Posture

Application Under S170 EA Industrial Relations Act 1988 Alleging Unlawful Termination; Review of Judicial Registrar's Exercise of Power Under S377 of the Act / Review Conducted as a Complete Re Hearing After Judicial Registrar Tomlinson Ordered Compensation

Legal Issues

  1. 1 ["Whether the applicant's employment was terminated by the respondent on 24 May 1994 or whether the applicant resigned or abandoned her employment." "Whether the Judicial Registrar's order for compensation should be set aside on review."]

Ratio Decidendi

The Court preferred the respondent's version of the critical facts as more inherently probable. The applicant failed on the balance of probabilities to prove that the respondent terminated her employment; the Court found that she abandoned her employment. Because the respondent did not terminate the applicant's employment, there was no relevant breach of the Act and the s170EA application was dismissed.

Court Disposition

The review succeeded; the Judicial Registrar's order was set aside, the Court declared that the respondent did not terminate the applicant's employment, and the s170EA application was dismissed.

Orders

  • ['The Order of the Court constituted by Judicial Registrar Tomlinson made on 13 October 1994 is set aside.' 'It is declared that the respondent did not terminate the employment of the applicant.' 'The application under s170EA Industrial Relations Act 1988 is dismissed.']