Thompson and Shop Distributive and Allied Employees Association v Franklins Ltd [1996] IRCA 278

Thompson and Shop Distributive and Allied Employees Association v Franklins Ltd [1996] IRCA 278

The applicant's resignation was not caused or compelled by the respondent's conduct; the investigation and suspension on full pay were reasonable, and there was no evidence of a course of conduct designed to force the applicant to resign. Therefore, the employment was not terminated at the initiative of the employer under s170CB of the Industrial Relations Act 1988.

Parties
Applicant: Elizabeth Thompson; Applicant: Shop Distributive and Allied Employees' Association; Respondent: Franklins Limited
Jurisdiction
Australia
Judgment Date
31 May 1996
Procedural Posture
Application for Relief Under Industrial Relations Act 1988 S170 EA / Preliminary Determination of Termination at the Initiative of the Employer
Outcome
Application dismissed for lack of jurisdiction.
Legal Topics
Termination of Employment, Jurisdiction, Resignation, Employer Conduct, Harassment Allegation
Industrial Law Termination of Employment Jurisdiction Resignation Employer Conduct Harassment Allegation

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Parties

Elizabeth Thompson

Applicant

Shop Distributive and Allied Employees' Association

Applicant

Franklins Limited

Respondent

Procedural Posture

Application for Relief Under Industrial Relations Act 1988 S170 EA / Preliminary Determination of Termination at the Initiative of the Employer

Legal Issues

  1. 1 Whether the employment was terminated at the initiative of the employer under s170CB of the Industrial Relations Act 1988
  2. 2 Whether the respondent's conduct amounted to harassment and drove the applicant to resign, constituting a constructive dismissal

Ratio Decidendi

The applicant's resignation was not caused or compelled by the respondent's conduct; the investigation and suspension on full pay were reasonable, and there was no evidence of a course of conduct designed to force the applicant to resign. Therefore, the employment was not terminated at the initiative of the employer under s170CB of the Industrial Relations Act 1988.

Court Disposition

Application dismissed for lack of jurisdiction.

Orders

  • Application dismissed.