Association of Professional Engineers, Scientists and Managers, Australia and another v David Graphics Pty Ltd [1994] IRCA 100

Association of Professional Engineers, Scientists and Managers, Australia and another v David Graphics Pty Ltd [1994] IRCA 100

David Graphics failed to establish that the principal application under s170EA of the Industrial Relations Act 1988 discloses no reasonable cause of action; there are issues of substance to be resolved regarding the legal characterisation of the events of 23 March and 8 April 1994, which are not suitable for summary determination.

Jurisdiction
Australia
Judgment Date
11 November 1994
Procedural Posture
Application Under S170 EA of the Industrial Relations Act 1988 / Interlocutory Application for Summary Dismissal
Outcome
Interlocutory application (notice of motion) dismissed
Legal Topics
['termination of Employment' 'summary Dismissal' 'jurisdictional Threshold Issue']
['industrial Law' 'employment Law' 'practice and Procedure'] ['termination of Employment' 'summary Dismissal' 'jurisdictional Threshold Issue']

Case Brief

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Procedural Posture

Application Under S170 EA of the Industrial Relations Act 1988 / Interlocutory Application for Summary Dismissal

Legal Issues

  1. 1 ['Whether the principal application discloses no reasonable cause of action under s170EA' 'Whether the events of 23 March 1994 or 8 April 1994 constitute termination at the initiative of the employer' 'Appropriate stage for dealing with jurisdictional arguments in applications under s170EA']

Ratio Decidendi

David Graphics failed to establish that the principal application under s170EA of the Industrial Relations Act 1988 discloses no reasonable cause of action; there are issues of substance to be resolved regarding the legal characterisation of the events of 23 March and 8 April 1994, which are not suitable for summary determination.

Court Disposition

Interlocutory application (notice of motion) dismissed

Orders

  • ['The notice of motion be dismissed.' 'Costs of the application are reserved.']