Hayward v Blue Circle Transport Services Pty Ltd [1996] IRCA 569

Hayward v Blue Circle Transport Services Pty Ltd [1996] IRCA 569

The respondent's offer of a package did not contain any express or veiled threat and was not action that would on any reasonable view lead inevitably to termination. The applicant had reasonable time to consider the proposal and voluntarily accepted the offer to tender his resignation; that acceptance was the precipitating and critical cause of the cessation of employment. There was therefore no termination at the initiative of the employer.

Jurisdiction
Australia
Judgment Date
20 November 1996
Procedural Posture
Application for a Remedy for Alleged Unlawful Termination Under S170 EA of the Industrial Relations Act 1988 (cth) / Reasons for Decision and Orders After Hearing
Outcome
Application dismissed.
Legal Topics
['unlawful Termination' 'resignation' 'termination at the Initiative of the Employer' 'severance Package']
['industrial Law' 'employment Law'] ['unlawful Termination' 'resignation' 'termination at the Initiative of the Employer' 'severance Package']

Case Brief

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Procedural Posture

Application for a Remedy for Alleged Unlawful Termination Under S170 EA of the Industrial Relations Act 1988 (cth) / Reasons for Decision and Orders After Hearing

Legal Issues

  1. 1 ["Whether the applicant's employment was terminated at the initiative of the respondent or whether the applicant voluntarily resigned after accepting a severance package."]

Ratio Decidendi

The respondent's offer of a package did not contain any express or veiled threat and was not action that would on any reasonable view lead inevitably to termination. The applicant had reasonable time to consider the proposal and voluntarily accepted the offer to tender his resignation; that acceptance was the precipitating and critical cause of the cessation of employment. There was therefore no termination at the initiative of the employer.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.']