Ettridge, John v Transadelaide [1997] FCA 1007

Ettridge, John v Transadelaide [1997] FCA 1007

It would be unfair not to accept the application despite its being lodged 4 days out of time. The respondent's 18 April 1997 letter and surrounding circumstances showed an act by the respondent ending the employment relationship; characterising the events as frustration of the contract was not justified. The...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
11 September 1997
Procedural Posture
Application Under the Workplace Relations Act 1996 for an Order Under S 170 CR in Respect of an Alleged Contravention of S 170 CK / Preliminary Matter Before Hearing on the Merits
Outcome
Preliminary objection rejected; matter set down for hearing on the merits.
Legal Topics
['unlawful Termination of Employment' 'termination at the Initiative of the Employer' 'frustration of Contract of Employment' 'out of Time Application' "workers' Compensation Related Proceedings"]
['industrial Law' 'employment Law'] ['unlawful Termination of Employment' 'termination at the Initiative of the Employer' 'frustration of Contract of Employment' 'out of Time Application' "workers' Compensation Related Proceedings"]

Source-derived case record

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Procedural Posture

Application Under the Workplace Relations Act 1996 for an Order Under S 170 CR in Respect of an Alleged Contravention of S 170 CK / Preliminary Matter Before Hearing on the Merits

Legal Issues

  1. 1 ['Whether the Federal Court application lodged 4 days out of time should be accepted.' "Whether the applicant's employment was terminated at the initiative of the respondent within s 170CD of the Workplace Relations Act 1996." "Whether the employment relationship ended by frustration of the contract of employment so that the claim was outside the Court's jurisdiction."]

Ratio Decidendi

It would be unfair not to accept the application despite its being lodged 4 days out of time. The respondent's 18 April 1997 letter and surrounding circumstances showed an act by the respondent ending the employment relationship; characterising the events as frustration of the contract was not justified. The applicant's employment was therefore terminated at the initiative of the respondent, and the matter should proceed to a hearing on the merits.

Court Disposition

Preliminary objection rejected; matter set down for hearing on the merits.

Orders

  • ['The matter be set down for hearing on the merits.']