Anderson v Edith Cowan University [1999] FCA 1802

Anderson v Edith Cowan University [1999] FCA 1802

Mr Anderson was not dismissed nor refused employment by Edith Cowan University within the meaning of s 298K of the Workplace Relations Act 1996, as his fixed term contract expired and there was no ongoing position due to declining enrolments and budgetary constraints. There was insufficient evidence to show any conduct by the University for a prohibited reason or that would otherwise cross the statutory jurisdictional threshold.

Jurisdiction
Australia
Judgment Date
20 December 1999
Procedural Posture
Industrial/employment Dispute / Final Judgment After Trial
Outcome
Application dismissed. No order as to costs.
Legal Topics
['workplace Relations Act 1996 S 298 K' 'workplace Relations Act 1996 S 298 L' 'dismissal' 'refusal to Employ' 'fixed Term Contracts' 'academic Employment' 'prohibited Reasons for Dismissal']
['industrial Law' 'employment Law'] ['workplace Relations Act 1996 S 298 K' 'workplace Relations Act 1996 S 298 L' 'dismissal' 'refusal to Employ' 'fixed Term Contracts' 'academic Employment' 'prohibited Reasons for Dismissal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Industrial/employment Dispute / Final Judgment After Trial

Legal Issues

  1. 1 ['Whether Edith Cowan University dismissed Mr Anderson within the meaning of s 298K of the Workplace Relations Act 1996' 'Whether Edith Cowan University refused to employ Mr Anderson within the meaning of s 298K' 'If so, whether any such conduct was for a prohibited reason under s 298K and s 298L']

Ratio Decidendi

Mr Anderson was not dismissed nor refused employment by Edith Cowan University within the meaning of s 298K of the Workplace Relations Act 1996, as his fixed term contract expired and there was no ongoing position due to declining enrolments and budgetary constraints. There was insufficient evidence to show any conduct by the University for a prohibited reason or that would otherwise cross the statutory jurisdictional threshold.

Court Disposition

Application dismissed. No order as to costs.

Orders

  • ['The application be dismissed.' 'There be no order as to costs.']