Elisjones v Dorena Pty Limited t/as Kyle Management Resources [2002] NSWIRComm 73

Elisjones v Dorena Pty Limited t/as Kyle Management Resources [2002] NSWIRComm 73

There was no evidence that the respondent compelled or unduly influenced the applicant to resign. The resignation was not a constructive dismissal, and thus the application was dismissed.

Parties
Applicant: Ms B Elisjones; Respondent: Dorena Pty Limited t/as Kyle Management Resources
Jurisdiction
Australia
Judgment Date
26 April 2002
Procedural Posture
Application for Unfair Dismissal / Final Judgment
Outcome
application dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Termination of Employment
Industrial Law Employment Law Constructive Dismissal Unfair Dismissal Termination of Employment

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 4 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Ms B Elisjones

Applicant

Dorena Pty Limited t/as Kyle Management Resources

Respondent

Procedural Posture

Application for Unfair Dismissal / Final Judgment

Legal Issues

  1. 1 Whether the applicant was constructively dismissed
  2. 2 Whether the dismissal, if any, was unfair

Ratio Decidendi

There was no evidence that the respondent compelled or unduly influenced the applicant to resign. The resignation was not a constructive dismissal, and thus the application was dismissed.

Court Disposition

application dismissed

Orders

  • application dismissed