Network Ten Pty Ltd v Rowe [2006] NSWCA 1

Network Ten Pty Ltd v Rowe [2006] NSWCA 1

The 2003 contract created a fixed-term of employment expiring on 31 December 2005, terminable before that date by 26 weeks' notice; it was not open-ended. Therefore, Ms Rowe was entitled to leave for new employment without further notice to Channel 10 after that date.

Parties
Appellant: Network Ten Pty Ltd; Respondent: Jessica Rowe
Jurisdiction
Australia
Judgment Date
10 January 2006
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Employment Contract, Interpretation of Employment Agreements, Termination of Employment
Employment Law Employment Contract Interpretation of Employment Agreements Termination of Employment

Case Brief

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Parties

Network Ten Pty Ltd

Appellant

Jessica Rowe

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the employment contract was for a closed period or open-ended but terminable by notice
  2. 2 Proper construction of the 2003 employment agreement

Ratio Decidendi

The 2003 contract created a fixed-term of employment expiring on 31 December 2005, terminable before that date by 26 weeks' notice; it was not open-ended. Therefore, Ms Rowe was entitled to leave for new employment without further notice to Channel 10 after that date.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs, including costs of the interlocutory application in this Court