Walczak v David Jones Aust Pty Ltd [1996] IRCA 193
The applicant, by commencing work after receiving the letter of appointment detailing a three month probation, accepted the probation term. As the applicant was in a supervisory role, the three month period was reasonable. Consequently, the applicant fell within the exclusion from the Act's protections, and the application was dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 29 March 1996
- Procedural Posture
- Industrial / Preliminary Determination and Final Judgment
- Outcome
- Application dismissed
- Legal Topics
- ['unlawful Termination' 'probationary Employment' 'employment Contract']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Industrial / Preliminary Determination and Final Judgment
Legal Issues
- 1 ['Whether the applicant was a probationary employee and thus excluded from the requirements of the Industrial Relations Act for termination of employment under section 170CC and regulation 30B(1)(c)' "Whether the three month probationary period was reasonable given the applicant's supervisory role"]
Ratio Decidendi
The applicant, by commencing work after receiving the letter of appointment detailing a three month probation, accepted the probation term. As the applicant was in a supervisory role, the three month period was reasonable. Consequently, the applicant fell within the exclusion from the Act's protections, and the application was dismissed.
Court Disposition
Application dismissed
Orders
- ['The application be dismissed.']
Full Case Text
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