Sallehpour v Frontier Software Pty Ltd [2003] FCA 735

Sallehpour v Frontier Software Pty Ltd [2003] FCA 735

No reasonable cause of action is disclosed where the applicant cannot establish the existence of any order under section 170FA affecting him; therefore, claims under section 170CN must fail and be dismissed.

Parties
Applicant: Mohammadali Sallehpour; Respondent: Frontier Software Pty Ltd
Jurisdiction
Australia
Judgment Date
16 July 2003
Procedural Posture
Application / Dismissal of Certain Claims
Outcome
Claims under paragraph 3 and relief under paragraph 4 (s 170CN) of the amended application dismissed; costs of respondent's motion reserved.
Legal Topics
Unlawful Termination, Contravention of Statutory Order Under Workplace Relations Act, Federal Court Procedure
Employment Law Unlawful Termination Contravention of Statutory Order Under Workplace Relations Act Federal Court Procedure

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Parties

Mohammadali Sallehpour

Applicant

Frontier Software Pty Ltd

Respondent

Procedural Posture

Application / Dismissal of Certain Claims

Legal Issues

  1. 1 Whether the applicant's employment was terminated in contravention of an order under section 170CN of the Workplace Relations Act 1996 (Cth)
  2. 2 Whether a reasonable cause of action has been disclosed in the applicant's claim pursuant to section 170CN

Ratio Decidendi

No reasonable cause of action is disclosed where the applicant cannot establish the existence of any order under section 170FA affecting him; therefore, claims under section 170CN must fail and be dismissed.

Court Disposition

Claims under paragraph 3 and relief under paragraph 4 (s 170CN) of the amended application dismissed; costs of respondent's motion reserved.

Orders

  • The cause of action raised and alleged in paragraph 3 of the applicant's amended application filed 31 March 2003, that his employment was terminated in contravention of an order under s 170CN of the Workplace Relations Act 1996 (Cth), be dismissed.
  • The claim in paragraph 4 of the applicant's amended application filed 31 March 2003 for relief pursuant to s 170CN of the Workplace Relations Act 1996 (Cth) be dismissed.