Association of Professional Engineers, Scientists & Managers Australia and Carl Sparre v David Graphics Pty Limited [1995] IRCA 410

Association of Professional Engineers, Scientists & Managers Australia and Carl Sparre v David Graphics Pty Limited [1995] IRCA 410

Although Mr Sparre's employment was terminated by his employer by way of forced resignation, the critical action was Mr Moroney's insistence on 23 March 1994 that Mr Sparre either meet the employer's overtime demands or leave. That action occurred before Part VIA commenced on 30 March 1994, so Division 3 of Part VIA did not apply and the original application should have been dismissed.

Jurisdiction
Australia
Judgment Date
12 July 1995
Procedural Posture
Application for Unlawful Termination of Employment Under Division 3 of Part VIA of the Industrial Relations Act 1988 / Review of Judicial Registrar's Decision
Outcome
Application for review allowed; Judicial Registrar's orders set aside; application under Division 3 of Part VIA of the Industrial Relations Act 1988 dismissed.
Legal Topics
['unlawful Termination of Employment' 'forced Resignation' 'commencement of Legislation' "review of Judicial Registrar's Decision"]
['industrial Law' 'employment Law'] ['unlawful Termination of Employment' 'forced Resignation' 'commencement of Legislation' "review of Judicial Registrar's Decision"]

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Procedural Posture

Application for Unlawful Termination of Employment Under Division 3 of Part VIA of the Industrial Relations Act 1988 / Review of Judicial Registrar's Decision

Legal Issues

  1. 1 ["Whether Mr Sparre's employment was terminated by David Graphics Pty Limited or by Mr Sparre's resignation." 'Whether the critical action or actions constituting termination occurred before the commencement of Part VIA of the Industrial Relations Act 1988 on 30 March 1994.' 'Whether Division 3 of Part VIA of the Industrial Relations Act 1988 applied to the claim.']

Ratio Decidendi

Although Mr Sparre's employment was terminated by his employer by way of forced resignation, the critical action was Mr Moroney's insistence on 23 March 1994 that Mr Sparre either meet the employer's overtime demands or leave. That action occurred before Part VIA commenced on 30 March 1994, so Division 3 of Part VIA did not apply and the original application should have been dismissed.

Court Disposition

Application for review allowed; Judicial Registrar's orders set aside; application under Division 3 of Part VIA of the Industrial Relations Act 1988 dismissed.

Orders

  • ['The application for review of the decision of the Judicial Registrar made on 31 March 1995 be allowed.' 'The orders made that day by the Judicial Registrar be set aside.' 'The application under Division 3 of Part VIA of the Industrial Relations Act 1988 be dismissed.']