Knox, Lynette v Grace Brothers Holdings Ltd [1985] FCA 159

Knox, Lynette v Grace Brothers Holdings Ltd [1985] FCA 159

Under the terms of the Retail and Wholesale Shop Employees (Australian Capital Territory) Award, 1968 as varied, an employee who voluntarily terminates their employment is not entitled to 17.5% leave loading on accrued annual leave; that entitlement only arises where employment is terminated by the employer for reasons other than misconduct or wilful disobedience.

Parties
Applicant: Lynette Knox; Respondent: Grace Bros. Holdings Limited
Jurisdiction
Australia
Judgment Date
24 April 1985
Procedural Posture
Application for Payment Under Award / Judgment
Outcome
application dismissed
Legal Topics
Leave Loading, Awards, Termination of Employment, Annual Leave
Industrial Law Leave Loading Awards Termination of Employment Annual Leave

Case Brief

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Parties

Lynette Knox

Applicant

Grace Bros. Holdings Limited

Respondent

Procedural Posture

Application for Payment Under Award / Judgment

Legal Issues

  1. 1 Whether under the Retail and Wholesale Shop Employees (Australian Capital Territory) Award, 1968 as varied, an employee who voluntarily terminates employment is entitled to 17.5% leave loading on accrued annual leave.

Ratio Decidendi

Under the terms of the Retail and Wholesale Shop Employees (Australian Capital Territory) Award, 1968 as varied, an employee who voluntarily terminates their employment is not entitled to 17.5% leave loading on accrued annual leave; that entitlement only arises where employment is terminated by the employer for reasons other than misconduct or wilful disobedience.

Court Disposition

application dismissed

Orders

  • The application be dismissed.