WINTER -v- COCKBURN CORPORATION LTD [1997] IRCA 199

WINTER -v- COCKBURN CORPORATION LTD [1997] IRCA 199

The Court preferred the evidence of Mr Thomas and Mr Bandiera to that of Mr Winter and found that there was an agreed separation in which Mr Winter and the respondent were equally willing participants. The employer's actions were not the principal contributing cause of the cessation of the employment relationship, and the attitude and intentions of both parties equally contributed to the agreed separation. Because the employment was not terminated at the initiative of the respondent, the application under section 170EA was dismissed.

Jurisdiction
Australia
Judgment Date
11 June 1997
Procedural Posture
Application Under Section 170 EA of the Workplace Relations Act 1996 for a Remedy for Allegedly Unlawful Termination of Employment / Reasons for Decision and Orders After Hearing
Outcome
Application dismissed.
Legal Topics
['unlawful Termination' 'termination of Employment at the Initiative of the Employer' 'mutual Separation' 'compensation Remedy']
['industrial Law' 'employment Law'] ['unlawful Termination' 'termination of Employment at the Initiative of the Employer' 'mutual Separation' 'compensation Remedy']

Case Brief

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Procedural Posture

Application Under Section 170 EA of the Workplace Relations Act 1996 for a Remedy for Allegedly Unlawful Termination of Employment / Reasons for Decision and Orders After Hearing

Legal Issues

  1. 1 ["Whether the respondent terminated the applicant's employment." 'Whether the cessation of employment was a termination of employment at the initiative of the employer within section 170EA of the Workplace Relations Act 1996 and the Termination of Employment Convention, 1982.' 'Whether the cessation of employment occurred by mutual agreement between the parties.']

Ratio Decidendi

The Court preferred the evidence of Mr Thomas and Mr Bandiera to that of Mr Winter and found that there was an agreed separation in which Mr Winter and the respondent were equally willing participants. The employer's actions were not the principal contributing cause of the cessation of the employment relationship, and the attitude and intentions of both parties equally contributed to the agreed separation. Because the employment was not terminated at the initiative of the respondent, the application under section 170EA was dismissed.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.']