Judith Ann Ward v Mobile Innovations Limited [2002] NSWIRComm 287

Judith Ann Ward v Mobile Innovations Limited [2002] NSWIRComm 287

Leave to appeal is refused as the principles relevant to constructive dismissal are well settled, and the contest concerns findings of fact reasonably open to the Deputy President; no sufficient grounds to grant leave.

Jurisdiction
Australia
Judgment Date
24 October 2002
Procedural Posture
Appeal / Application for Leave to Appeal and Appeal From First Instance
Outcome
leave to appeal refused, appeal dismissed
Legal Topics
['constructive Dismissal' 'unfair Dismissal' 'leave to Appeal' 'findings of Fact']
['industrial Law'] ['constructive Dismissal' 'unfair Dismissal' 'leave to Appeal' 'findings of Fact']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Application for Leave to Appeal and Appeal From First Instance

Legal Issues

  1. 1 ['Whether leave to appeal should be granted regarding the finding of no constructive dismissal under s84 Industrial Relations Act 1996' 'Whether the Deputy President misapplied law in relation to constructive dismissal and performance-based termination']

Ratio Decidendi

Leave to appeal is refused as the principles relevant to constructive dismissal are well settled, and the contest concerns findings of fact reasonably open to the Deputy President; no sufficient grounds to grant leave.

Court Disposition

leave to appeal refused, appeal dismissed

Orders

  • ['Leave to appeal is refused.' 'The appeal is dismissed.']