Campbell v DDB Needham Melbourne Pty Ltd [1994] IRCA 48

Campbell v DDB Needham Melbourne Pty Ltd [1994] IRCA 48

It is not appropriate for jurisdictional matters such as alleged date and nature of termination to be determined before referral to conciliation as mandated by the Act; the matter is ordered to be referred to the Commission for conciliation.

Jurisdiction
Australia
Judgment Date
12 September 1994
Procedural Posture
Application Under Industrial Relations Act 1988 S170 EA / Preliminary Directions and Motion Hearings; Order for Referral to Conciliation
Outcome
Order for referral to conciliation; directions and motions adjourned; costs reserved
Legal Topics
['unlawful Termination' 'jurisdictional Preliminaries' 'conciliation Process']
['employment Law' 'industrial Relations'] ['unlawful Termination' 'jurisdictional Preliminaries' 'conciliation Process']

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Procedural Posture

Application Under Industrial Relations Act 1988 S170 EA / Preliminary Directions and Motion Hearings; Order for Referral to Conciliation

Legal Issues

  1. 1 ['Whether employment was terminated by employer or by resignation' 'Whether termination occurred before the commencement date of Industrial Relations Act 1988' 'Whether Court can determine jurisdictional issue before referral to Commission for conciliation']

Ratio Decidendi

It is not appropriate for jurisdictional matters such as alleged date and nature of termination to be determined before referral to conciliation as mandated by the Act; the matter is ordered to be referred to the Commission for conciliation.

Court Disposition

Order for referral to conciliation; directions and motions adjourned; costs reserved

Orders

  • ['The matter be referred to the Conciliation and Arbitration Commission for conciliation' 'Commission requested to expedite conciliation' 'Directions hearing and motions adjourned to 12 October 1994' 'Costs reserved']