Ethel Adams v Australia Post [1996] IRCA 23

Ethel Adams v Australia Post [1996] IRCA 23

The applicant's employment was terminated as a consequence of award provisions operating with statutory force and not at the initiative of the employer; accordingly, the application for relief under the termination of employment provisions of the Industrial Relations Act fails.

Parties
Applicant: Ethel Adams; Respondent: Australia Post
Jurisdiction
Australia
Judgment Date
31 January 1995
Procedural Posture
Application Under Section 170 EA of the Industrial Relations Act 1988 / Final Judgment
Outcome
Application dismissed
Legal Topics
Termination of Employment, Unlawful Termination, Age Discrimination
Industrial Law Termination of Employment Unlawful Termination Age Discrimination

Case Brief

Summary, issues, holding and outcome

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Parties

Ethel Adams

Applicant

Australia Post

Respondent

Procedural Posture

Application Under Section 170 EA of the Industrial Relations Act 1988 / Final Judgment

Legal Issues

  1. 1 Whether the termination of employment was at the initiative of the employer
  2. 2 Whether the termination was for a prohibited reason (age)

Ratio Decidendi

The applicant's employment was terminated as a consequence of award provisions operating with statutory force and not at the initiative of the employer; accordingly, the application for relief under the termination of employment provisions of the Industrial Relations Act fails.

Court Disposition

Application dismissed

Orders

  • The application be dismissed.