Leslie Alfred Hunt v Steggles Limited [1995] IRCA 358

Neither the personnel record document (Exhibit A3) nor the Statement of Employment (Exhibit R1) constituted written notice of termination received by the Applicant as required by s.170EA(3) of the Industrial Relations Act 1988; thus, the Respondent's application to dismiss based on time limit fails.

Jurisdiction: Australia
Judgment Date: 09 August 1995
Procedural Posture: Industrial Relations Motion to Dismiss and Extension of Time / Interlocutory Determination of Motions Before Full Hearing
Outcome: Respondent's Notice of Motion to dismiss dismissed
Legal Topics: ['termination of Employment' 'notice of Termination' 'extension of Time for Application']

['industrial Law'] ['termination of Employment' 'notice of Termination' 'extension of Time for Application']

Case Brief

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Procedural Posture

Industrial Relations Motion to Dismiss and Extension of Time / Interlocutory Determination of Motions Before Full Hearing

Legal Issues

1 ['What constitutes written notice of termination for the purposes of s.170EA(3) of the Industrial Relations Act 1988' 'Whether the documents provided to the applicant constituted receipt of written notice of termination' 'Whether, in the absence of written notice, the time for making an application is limited by s.170EA(3)']

Ratio Decidendi

Court Disposition

Respondent's Notice of Motion to dismiss dismissed

Orders

['That the Notice of Motion filed by the Respondent on 10 July 1995 is dismissed.']