SALVERON -v- FAR WEST ABORIGINAL PROGRESS ASSOCIATION [1997] IRCA 10

SALVERON -v- FAR WEST ABORIGINAL PROGRESS ASSOCIATION [1997] IRCA 10

The applicant was not excluded by Regulation 30B because the employer's reserved right to dispense with his services at any time made the contract one of indeterminate duration rather than for a specified period. His employment did not end by effluxion of time and was terminated at the employer's initiative, not abandoned. However, the applicant deliberately failed to return to work by 29 May 1995 and remained absent without authority, which was a valid reason for termination connected with his conduct. In the circumstances, it was not reasonable to expect the respondent to provide a further opportunity to defend himself beyond the communications already received, and any failure would...

Jurisdiction
Australia
Judgment Date
23 January 1997
Procedural Posture
Application Under Section 170 EA of the Industrial Relations Act 1988, Now Known as the Workplace Relations Act 1996, for Reinstatement or Compensation Arising From Alleged Unlawful Termination of Employment / Reasons for Decision After Hearing
Outcome
Application dismissed
Legal Topics
['unlawful Termination' 'specified Period Employment' 'abandonment of Employment' 'termination at the Initiative of the Employer' 'valid Reason for Termination' 'procedural Fairness' 'compensation' 'reinstatement']
['industrial Law' 'employment Law'] ['unlawful Termination' 'specified Period Employment' 'abandonment of Employment' 'termination at the Initiative of the Employer' 'valid Reason for Termination' 'procedural Fairness' 'compensation' 'reinstatement']

Case Brief

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Procedural Posture

Application Under Section 170 EA of the Industrial Relations Act 1988, Now Known as the Workplace Relations Act 1996, for Reinstatement or Compensation Arising From Alleged Unlawful Termination of Employment / Reasons for Decision After Hearing

Legal Issues

  1. 1 ["Whether the applicant's employment was for a specified period so as to be excluded from the Act's unlawful termination provisions by Regulation 30B(1)(a)." 'Whether there was a termination at the initiative of the employer or an abandonment of employment by the applicant.' 'Whether the employment ended by effluxion of time.' "Whether there was a valid reason for termination connected with the applicant's conduct." 'Whether the applicant was given, or the employer could reasonably be expected to give, an opportunity to defend himself against the allegation concerning his absence.' 'Whether reinstatement or compensation was available.']

Ratio Decidendi

The applicant was not excluded by Regulation 30B because the employer's reserved right to dispense with his services at any time made the contract one of indeterminate duration rather than for a specified period. His employment did not end by effluxion of time and was terminated at the employer's initiative, not abandoned. However, the applicant deliberately failed to return to work by 29 May 1995 and remained absent without authority, which was a valid reason for termination connected with his conduct. In the circumstances, it was not reasonable to expect the respondent to provide a further opportunity to defend himself beyond the communications already received, and any failure would...

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']