FARRELL -V- CONAGRA WOOL PTY LTD [1997] IRCA 163

FARRELL -V- CONAGRA WOOL PTY LTD [1997] IRCA 163

Because the applicant had notice of the trial and failed to appear, the application was dismissed. On the material before the Court, the alleged termination was not a termination at the initiative of the employer, so the proceedings were initiated without reasonable cause. The applicant's failure to respond to correspondence, failure to advise that he would not appear, and failure to attend justified an order that he pay the respondent's costs in the full amount sought.

Jurisdiction
Australia
Judgment Date
21 April 1997
Procedural Posture
Application Pursuant to Section 170 EA of the Workplace Relations Act 1996 Concerning Alleged Unlawful Termination / Listed for Trial; Reasons Delivered Ex Tempore After Applicant Failed to Appear
Outcome
Application dismissed; applicant ordered to pay respondent's costs fixed at $6201.00 within 28 days.
Legal Topics
['unlawful Termination' 'failure to Appear' 'proceedings Initiated Without Reasonable Cause' 'costs Order']
['industrial Law' 'employment Law' 'costs'] ['unlawful Termination' 'failure to Appear' 'proceedings Initiated Without Reasonable Cause' 'costs Order']

Case Brief

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Procedural Posture

Application Pursuant to Section 170 EA of the Workplace Relations Act 1996 Concerning Alleged Unlawful Termination / Listed for Trial; Reasons Delivered Ex Tempore After Applicant Failed to Appear

Legal Issues

  1. 1 ["Whether the application should be dismissed due to the applicant's failure to appear despite notice of the proceedings." 'Whether the respondent was entitled to costs on the basis that the proceedings were initiated without reasonable cause.' 'Whether there was a termination of employment at the initiative of the employer.']

Ratio Decidendi

Because the applicant had notice of the trial and failed to appear, the application was dismissed. On the material before the Court, the alleged termination was not a termination at the initiative of the employer, so the proceedings were initiated without reasonable cause. The applicant's failure to respond to correspondence, failure to advise that he would not appear, and failure to attend justified an order that he pay the respondent's costs in the full amount sought.

Court Disposition

Application dismissed; applicant ordered to pay respondent's costs fixed at $6201.00 within 28 days.

Orders

  • ['The application pursuant to Section 170EA of the Workplace Relations Act 1996 be dismissed.' "Within 28 days of today's date the applicant pay to the respondent costs fixed in the sum of $6201.00."]