MCGAVIN V. OLDHAM

MCGAVIN V. OLDHAM

A binding employment contract was formed by an offer on 16th November 1953 and accepted by conduct when the plaintiff commenced work in Perth. Judgment for the plaintiff was proper despite variance in pleaded date, as all facts were before the trial judge and no prejudice arose.

Parties
Plaintiff: McGavin; Defendant: Oldham
Jurisdiction
Australia
Judgment Date
17 October 1955
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Employment Contract, Variation of Pleadings, Acceptance by Conduct, Termination of Employment, Damages for Wrongful Dismissal
Contract Law Employment Contract Variation of Pleadings Acceptance by Conduct Termination of Employment Damages for Wrongful Dismissal

Case Brief

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Parties

McGavin

Plaintiff

Oldham

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether a binding employment contract was created between the parties.
  2. 2 If so, on what terms was it created and when was it accepted?
  3. 3 Whether the plaintiff is entitled to salary and/or profits as claimed.

Ratio Decidendi

A binding employment contract was formed by an offer on 16th November 1953 and accepted by conduct when the plaintiff commenced work in Perth. Judgment for the plaintiff was proper despite variance in pleaded date, as all facts were before the trial judge and no prejudice arose.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs