Sammer, Josef Lang v Christmas Island Resort Pty Ltd [1997] FCA 1518

Sammer, Josef Lang v Christmas Island Resort Pty Ltd [1997] FCA 1518

The facts established that Mr Sammer resigned of his own volition in response to his dissatisfaction with employment conditions and treatment. There was no constructive dismissal as the employer did not terminate the employment nor were the conditions deliberately created to force resignation.

Jurisdiction
Australia
Judgment Date
09 December 1997
Procedural Posture
Review Application Under S 377 of the Workplace Relations Act 1996 (cth) / Judgment After Review of a Judicial Registrar's Decision
Outcome
Application dismissed
Legal Topics
['constructive Dismissal' 'termination of Employment' 'breach of Contract']
['employment Law'] ['constructive Dismissal' 'termination of Employment' 'breach of Contract']

Case Brief

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Procedural Posture

Review Application Under S 377 of the Workplace Relations Act 1996 (cth) / Judgment After Review of a Judicial Registrar's Decision

Legal Issues

  1. 1 ['Whether there was a constructive dismissal under the Workplace Relations Act 1996 (Cth)' "Whether the applicant's resignation amounted to termination at the initiative of the employer"]

Ratio Decidendi

The facts established that Mr Sammer resigned of his own volition in response to his dissatisfaction with employment conditions and treatment. There was no constructive dismissal as the employer did not terminate the employment nor were the conditions deliberately created to force resignation.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.']