Watt v Intercultural Management Services Pty Ltd [1996] IRCA 518

Watt v Intercultural Management Services Pty Ltd [1996] IRCA 518

The applicant's conduct amounted to acceptance of a probationary period determined in advance and for a reasonable duration; she was therefore excluded from the operation of the Act by Regulation 30B(1)(c), depriving the Court of jurisdiction.

Parties
Applicant: Judith Watt; Respondent: Intercultural Management Services Pty Ltd
Jurisdiction
Australia
Judgment Date
01 November 1996
Procedural Posture
Application Under S170 EA Industrial Relations Act 1988 for Unlawful Termination / Review of Judicial Registrar's Decision
Outcome
Application dismissed for want of jurisdiction; previous order set aside.
Legal Topics
Unlawful Termination, Probationary Employment, Jurisdictional Competence
Industrial Law Unlawful Termination Probationary Employment Jurisdictional Competence

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Parties

Judith Watt

Applicant

Intercultural Management Services Pty Ltd

Respondent

Procedural Posture

Application Under S170 EA Industrial Relations Act 1988 for Unlawful Termination / Review of Judicial Registrar's Decision

Legal Issues

  1. 1 Whether the applicant was excluded from the operation of Division 3 Part VIA of the Industrial Relations Act 1988
  2. 2 Whether a probationary period formed part of the applicant's contract of employment and was determined in advance
  3. 3 Whether the period of probation was reasonable

Ratio Decidendi

The applicant's conduct amounted to acceptance of a probationary period determined in advance and for a reasonable duration; she was therefore excluded from the operation of the Act by Regulation 30B(1)(c), depriving the Court of jurisdiction.

Court Disposition

Application dismissed for want of jurisdiction; previous order set aside.

Orders

  • The order of Judicial Registrar Millane dated 29 February 1996 be set aside.
  • The application be dismissed.