Stratacrete Pty Ltd v Dunhill [2014] NSWCATAD 228

Stratacrete Pty Ltd v Dunhill [2014] NSWCATAD 228

Although the appellant was justified in seeking to terminate the respondent's employment and cancel the apprenticeship for financial and supervision reasons, it could not cancel the apprenticeship on 14 March 2014 without the respondent's agreement. Because the respondent did not agree, the appellant failed to discharge its obligations by purporting to end the apprenticeship then. The statutory process was followed and a decision made on 3 June 2014, which was not an unduly lengthy period, and the circumstances did not justify an earlier cancellation date.

Jurisdiction
Australia
Judgment Date
24 December 2014
Procedural Posture
Appeal Concerning Cancellation of an Apprenticeship / On the Papers Appeal From a Decision of the Vocational Training Review Panel
Outcome
Requirement for consent waived; apprenticeship cancelled with effect from 3 June 2014; appellant required to pay respondent employee entitlements from 14 March 2014 to 3 June 2014.
Legal Topics
['apprenticeship Cancellation' 'consent to Cancellation' 'employee Entitlements' 'training Contract Obligations']
['vocational Training' 'employment'] ['apprenticeship Cancellation' 'consent to Cancellation' 'employee Entitlements' 'training Contract Obligations']

Case Brief

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Procedural Posture

Appeal Concerning Cancellation of an Apprenticeship / On the Papers Appeal From a Decision of the Vocational Training Review Panel

Legal Issues

  1. 1 ["Whether the requirement for the respondent's consent to cancellation of the apprenticeship should be waived under s 39(3) of the Apprenticeship and Traineeship Act 2001." 'Whether the apprenticeship should be cancelled effective from 14 March 2014 or 3 June 2014.' 'Whether the appellant must pay the respondent employee entitlements from 14 March 2014 to 3 June 2014.']

Ratio Decidendi

Although the appellant was justified in seeking to terminate the respondent's employment and cancel the apprenticeship for financial and supervision reasons, it could not cancel the apprenticeship on 14 March 2014 without the respondent's agreement. Because the respondent did not agree, the appellant failed to discharge its obligations by purporting to end the apprenticeship then. The statutory process was followed and a decision made on 3 June 2014, which was not an unduly lengthy period, and the circumstances did not justify an earlier cancellation date.

Court Disposition

Requirement for consent waived; apprenticeship cancelled with effect from 3 June 2014; appellant required to pay respondent employee entitlements from 14 March 2014 to 3 June 2014.

Orders

  • ['The requirement for consent referred to in s 39(3) of the Apprenticeship and Traineeship Act 2001 is waived.' 'The apprenticeship between the appellant and the respondent is cancelled with effect from 3 June 2014.' 'The appellant must pay the respondent all employee entitlements under the respective industrial...