Seltitza v Amaru Incorporated [1996] IRCA 234

Seltitza v Amaru Incorporated [1996] IRCA 234

The applications were dismissed because the Judicial Registrar was not satisfied that the termination was at the initiative of Amaru Incorporated; the evidence indicated that the Skillshare closure was probably decided by Marilyn Fogarty in consultation with the applicants and Mr Phillips due to safety fears. The applicants' employment was for a specific task of training Aboriginal persons to take over the positions, and any employment contract was in any event subject to the DEET funding arrangement that ran only to 30 June 1995.

Jurisdiction
Australia
Judgment Date
19 March 1996
Procedural Posture
Applications for Unlawful Termination of Employment / Final Hearing; Applications Filed Four Months Out of Time Were Considered on Their Merits
Outcome
Applications dismissed.
Legal Topics
['termination of Employment' 'specific Task Contract' 'redundancy' 'funding Dependent Employment' 'unlawful Termination']
['industrial Law' 'employment Law'] ['termination of Employment' 'specific Task Contract' 'redundancy' 'funding Dependent Employment' 'unlawful Termination']

Case Brief

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Procedural Posture

Applications for Unlawful Termination of Employment / Final Hearing; Applications Filed Four Months Out of Time Were Considered on Their Merits

Legal Issues

  1. 1 ["Whether the applicants' employment was terminated at the initiative of Amaru Incorporated." 'Whether the applicants were excluded from bringing claims because they were employed under contracts for a specific task within Industrial Relations Regulations reg 30 (B) (1) (b).' 'Whether any contract of employment was for a minimum two-year term or was subject to the DEET funding arrangement ending on 30 June 1995.']

Ratio Decidendi

The applications were dismissed because the Judicial Registrar was not satisfied that the termination was at the initiative of Amaru Incorporated; the evidence indicated that the Skillshare closure was probably decided by Marilyn Fogarty in consultation with the applicants and Mr Phillips due to safety fears. The applicants' employment was for a specific task of training Aboriginal persons to take over the positions, and any employment contract was in any event subject to the DEET funding arrangement that ran only to 30 June 1995.

Court Disposition

Applications dismissed.

Orders

  • ['The applications are dismissed.']