Cliffe v Hoechst Australia Limited [1996] IRCA 514

Cliffe v Hoechst Australia Limited [1996] IRCA 514

The handbook statement that termination conditions are provided in awards and determinations, read in its context, concerned notice of termination and contained no direct words incorporating the award or clause 6(d)(vi) into the applicant's contract of employment. The award applied by force of law, but that did not make clause 6(d)(vi) a contractual term. Accordingly, the terms of clause 6(d)(vi) of the Metal Industry Award 1984 - Part I did not form part of the contract of employment between the applicant and the respondent.

Jurisdiction
Australia
Judgment Date
21 October 1996
Procedural Posture
Application Under S178 Industrial Relations Act 1988 for Imposition of a Penalty for Alleged Breach of Award, With a Claim for Damages for Breach of Contract / Separate Question Ordered by North J Tried Before Further Trial of the Proceedings
Outcome
Separate question answered in favour of the respondent; the clause did not form part of the contract of employment. The application was otherwise placed in the list of cases awaiting trial.
Legal Topics
['termination of Employment' 'unfair Dismissal' 'incorporation of Award Terms Into Contract of Employment' 'employee Handbook' 'breach of Award' 'breach of Contract']
['industrial Law' 'employment Law' 'contract Law'] ['termination of Employment' 'unfair Dismissal' 'incorporation of Award Terms Into Contract of Employment' 'employee Handbook' 'breach of Award' 'breach of Contract']

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Procedural Posture

Application Under S178 Industrial Relations Act 1988 for Imposition of a Penalty for Alleged Breach of Award, With a Claim for Damages for Breach of Contract / Separate Question Ordered by North J Tried Before Further Trial of the Proceedings

Legal Issues

  1. 1 ['Whether the terms of clause 6(d)(vi) of the Metal Industry Award 1984 - Part I formed part of the contract of employment between the applicant and the respondent.' 'Whether a statement in the employee handbook that termination conditions are provided in awards and determinations expressly incorporated the award termination conditions into the contract of employment.']

Ratio Decidendi

The handbook statement that termination conditions are provided in awards and determinations, read in its context, concerned notice of termination and contained no direct words incorporating the award or clause 6(d)(vi) into the applicant's contract of employment. The award applied by force of law, but that did not make clause 6(d)(vi) a contractual term. Accordingly, the terms of clause 6(d)(vi) of the Metal Industry Award 1984 - Part I did not form part of the contract of employment between the applicant and the respondent.

Court Disposition

Separate question answered in favour of the respondent; the clause did not form part of the contract of employment. The application was otherwise placed in the list of cases awaiting trial.

Orders

  • ['The Court answers the question ordered by North J to be tried separately in the following way: The terms of clause 6(d)(vi) of the Metal Industry Award 1984 - Part I did not form part of the contract of employment between the applicant and the respondent.' 'The application otherwise be placed in the list of cases...