Reader v P&O Catering and Services Pty Ltd [1996] IRCA 484

Reader v P&O Catering and Services Pty Ltd [1996] IRCA 484

There was no termination at the initiative of the employer as P&O Catering and Services Pty Ltd made multiple offers of alternative employment to the applicant, which he refused. The end of the employment relationship was brought about by the applicant's own actions, not those of the employer. Accordingly, the Court has no jurisdiction to hear the matter.

Jurisdiction
Australia
Judgment Date
03 October 1996
Procedural Posture
Application Under Section 170 EA of the Industrial Relations Act 1988 (c'th) / Judgment After Hearing
Outcome
Application dismissed
Legal Topics
['unlawful Termination' 'termination of Employment' 'jurisdiction Termination at the Initiative of Employer']
['industrial Law'] ['unlawful Termination' 'termination of Employment' 'jurisdiction Termination at the Initiative of Employer']

Case Brief

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Procedural Posture

Application Under Section 170 EA of the Industrial Relations Act 1988 (c'th) / Judgment After Hearing

Legal Issues

  1. 1 ['Whether termination was at the initiative of the employer' 'Whether there was a valid reason for termination' 'Whether the applicant is entitled to a remedy']

Ratio Decidendi

There was no termination at the initiative of the employer as P&O Catering and Services Pty Ltd made multiple offers of alternative employment to the applicant, which he refused. The end of the employment relationship was brought about by the applicant's own actions, not those of the employer. Accordingly, the Court has no jurisdiction to hear the matter.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.']