Daw, Linda & Anor v Flinton Pty Ltd [1998] FCA 1072

Daw, Linda & Anor v Flinton Pty Ltd [1998] FCA 1072

The applicants voluntarily resigned and their employment was not terminated at the initiative of the employer. There was no breach of the implied term by the respondent, as the employer was entitled to discuss retirement with employees without coercion, and no course of conduct amounting to constructive dismissal was established.

Jurisdiction
Australia
Judgment Date
14 August 1998
Procedural Posture
Review of Judicial Registrar's Decision / Final Judgment
Outcome
Claims dismissed
Legal Topics
['unlawful Termination' 'constructive Dismissal' 'breach of Implied Term' 'termination at Initiative of Employer']
['industrial Law'] ['unlawful Termination' 'constructive Dismissal' 'breach of Implied Term' 'termination at Initiative of Employer']

Case Brief

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Procedural Posture

Review of Judicial Registrar's Decision / Final Judgment

Legal Issues

  1. 1 ["Whether applicants' employment was terminated at the initiative of the employer or by resignation" 'Whether constructive dismissal occurred' 'Whether employer breached implied term of not to destroy or seriously damage relationship of trust and confidence']

Ratio Decidendi

The applicants voluntarily resigned and their employment was not terminated at the initiative of the employer. There was no breach of the implied term by the respondent, as the employer was entitled to discuss retirement with employees without coercion, and no course of conduct amounting to constructive dismissal was established.

Court Disposition

Claims dismissed

Orders

  • ['The claim of each applicant brought under s 170EA of the Workplace Relations Act 1996 (Cth) be dismissed.' 'No order as to costs.']