Dayton, Christopher Noel v Franklins Ltd [1997] FCA 996

Dayton, Christopher Noel v Franklins Ltd [1997] FCA 996

Applicant's own written account and evidence of oral admissions indicated he had not paid for cigarettes taken, constituting theft and providing a valid reason for termination under the statute.

Parties
Applicant: Christopher Noel Dayton; Respondent: Franklins Limited
Jurisdiction
Australia
Judgment Date
05 September 1997
Procedural Posture
Application for Review of Dismissal Decision / Appeal From Judicial Registrar's Dismissal
Outcome
Application for review dismissed
Legal Topics
Termination of Employment, Unlawful Dismissal, Employee Theft
Employment Law Termination of Employment Unlawful Dismissal Employee Theft

Case Brief

Summary, issues, holding and outcome

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Parties

Christopher Noel Dayton

Applicant

Franklins Limited

Respondent

Procedural Posture

Application for Review of Dismissal Decision / Appeal From Judicial Registrar's Dismissal

Legal Issues

  1. 1 Whether dismissal of applicant was based on a valid reason under Industrial Relations Act 1988 s 170DE(1)
  2. 2 Whether applicant paid for the cigarettes taken from employer's store
  3. 3 Whether evidence of admissions sufficed to establish theft

Ratio Decidendi

Applicant's own written account and evidence of oral admissions indicated he had not paid for cigarettes taken, constituting theft and providing a valid reason for termination under the statute.

Court Disposition

Application for review dismissed

Orders

  • The application for review be dismissed