Brereton, Graeme Edgar v Chubb Security Australia Pty Ltd [1998] FCA 129

Brereton, Graeme Edgar v Chubb Security Australia Pty Ltd [1998] FCA 129

There was no termination of the employment relationship within the meaning of the Industrial Relations Act 1988 (Cth) because the applicant was redeployed with no actual loss of employment. Consequently, the Federal Court lacked jurisdiction under the Act and also could not enforce remedies for alleged unfair dismissal or compensation under the Industrial Relations Act 1979 (WA). There was no breach of contract entitling the applicant to damages beyond two weeks' notice, which was provided.

Parties
Applicant: Graeme Edgar Brereton; Respondent: Chubb Security Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
24 February 1998
Procedural Posture
Application for Reinstatement and Compensation (industrial Law) / Final Judgment
Outcome
Application dismissed
Legal Topics
Unlawful Termination, Redeployment, Fixed Term Contract, Jurisdiction, Remedies Under Industrial Relations Act 1979 (wa), Disability Discrimination
Industrial Law Employment Law Unlawful Termination Redeployment Fixed Term Contract Jurisdiction Remedies Under Industrial Relations Act 1979 (wa) Disability Discrimination

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Parties

Graeme Edgar Brereton

Applicant

Chubb Security Australia Pty Ltd

Respondent

Procedural Posture

Application for Reinstatement and Compensation (industrial Law) / Final Judgment

Legal Issues

  1. 1 Whether there was a termination of employment for the purposes of the Industrial Relations Act 1988 (Cth)
  2. 2 Whether the employment relationship was terminated or a redeployment occurred
  3. 3 Whether the respondent breached the applicant's contract of employment

Ratio Decidendi

There was no termination of the employment relationship within the meaning of the Industrial Relations Act 1988 (Cth) because the applicant was redeployed with no actual loss of employment. Consequently, the Federal Court lacked jurisdiction under the Act and also could not enforce remedies for alleged unfair dismissal or compensation under the Industrial Relations Act 1979 (WA). There was no breach of contract entitling the applicant to damages beyond two weeks' notice, which was provided.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.