Debra Maree Prince and Rentokil Pty Ltd [1994] IRCA 63
The probationary period excluded by Regulation 30B must be fixed in advance of employment commencing; attempts to extend the probationary period after employment has started do not bring employment within the exclusion. Therefore, the applicant's employment was not excluded, and she has standing to bring these proceedings.
- Parties
- Applicant: Debra Maree Prince; Respondent: Rentokil Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 07 October 1994
- Procedural Posture
- Industrial Dispute / Judgment on Preliminary Issue
- Outcome
- The applicant has standing to bring the present proceedings.
- Legal Topics
- Probationary Employment, Termination of Employment, Exclusions Under Industrial Relations Act
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Debra Maree Prince
Applicant
Rentokil Pty Ltd
Respondent
Procedural Posture
Industrial Dispute / Judgment on Preliminary Issue
Legal Issues
- 1 Whether the applicant's employment was excluded from protections under Subdivisions B, C, D, and E of Division 3 of Part VIA of the Industrial Relations Act 1988 due to probationary status
- 2 Whether the probationary period could be extended after employment commenced under Regulation 30B
Ratio Decidendi
The probationary period excluded by Regulation 30B must be fixed in advance of employment commencing; attempts to extend the probationary period after employment has started do not bring employment within the exclusion. Therefore, the applicant's employment was not excluded, and she has standing to bring these proceedings.
Court Disposition
The applicant has standing to bring the present proceedings.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment