Mirko Stojanovic v Anasin Pty Ltd trading as Con's Performance Centre [1995] IRCA 433
The applicant's resignation, although made in the heat of the moment, was held to be a genuine and effective repudiation of the employment contract when accepted by the employer. The evidence preferred showed that the applicant voluntarily resigned and the resignation was accepted. Accordingly, the application was dismissed.
- Parties
- Applicant: Mirko Stojanovic; Respondent: Anasin Pty Ltd trading as Con's Performance Centre
- Jurisdiction
- Australia
- Judgment Date
- 28 July 1995
- Procedural Posture
- Application Under the Industrial Relations Act 1988 S 170 EA / Final Judgment
- Outcome
- Application dismissed
- Legal Topics
- Resignation, Termination of Employment, Repudiation of Employment Contract
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mirko Stojanovic
Applicant
Anasin Pty Ltd trading as Con's Performance Centre
Respondent
Procedural Posture
Application Under the Industrial Relations Act 1988 S 170 EA / Final Judgment
Legal Issues
- 1 Did the applicant resign or was his employment terminated?
Ratio Decidendi
The applicant's resignation, although made in the heat of the moment, was held to be a genuine and effective repudiation of the employment contract when accepted by the employer. The evidence preferred showed that the applicant voluntarily resigned and the resignation was accepted. Accordingly, the application was dismissed.
Court Disposition
Application dismissed
Orders
- The application be dismissed.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment