Dadey v Edith Cowan University [1996] IRCA 308

Dadey v Edith Cowan University [1996] IRCA 308

The University's decision not to offer Mr Dadey a further contract was an act resulting in termination of the employment relationship at the initiative of the employer. However, his contract commenced on 1 January 1993 for a duration of three years and was therefore a contract for a specified period entered into before 16 November 1994. The Award's resignation provision was not incorporated into the contract and did not make the contract indeterminate, and Regulation 30B(2) did not apply because the contract predated the reform bill and there was no basis to find a purpose of avoiding future statutory obligations. Mr Dadey was excluded from Section 170EA by Regulation 30B(1)(a), so no...

Jurisdiction
Australia
Judgment Date
08 July 1996
Procedural Posture
Application Under Section 170 EA of the Industrial Relations Act 1988 for Reinstatement Or, Alternatively, Compensation Arising From Alleged Unlawful Termination of Employment. / Notice of Motion by the Respondent Seeking Dismissal of the Application on the Ground That No Reasonable Cause of Action Was Disclosed; Threshold Issues Determined as Preliminary Matters.
Outcome
Application dismissed.
Legal Topics
['termination of Employment' 'unlawful Termination' 'termination at the Initiative of the Employer' 'fixed Term Contract' 'contract for a Specified Period of Time' 'regulation 30 B Exclusion' 'incorporation of Award Terms Into Employment Contract']
['industrial Law' 'employment Law'] ['termination of Employment' 'unlawful Termination' 'termination at the Initiative of the Employer' 'fixed Term Contract' 'contract for a Specified Period of Time' 'regulation 30 B Exclusion' 'incorporation of Award Terms Into Employment Contract']

Case Brief

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Procedural Posture

Application Under Section 170 EA of the Industrial Relations Act 1988 for Reinstatement Or, Alternatively, Compensation Arising From Alleged Unlawful Termination of Employment. / Notice of Motion by the Respondent Seeking Dismissal of the Application on the Ground That No Reasonable Cause of Action Was Disclosed; Threshold Issues Determined as Preliminary Matters.

Legal Issues

  1. 1 ["Whether Mr Dadey's employment ended by effluxion of time or by termination at the initiative of the employer." 'Whether Mr Dadey was engaged under a contract of employment for a specified period of time entered into before 16 November 1994 and therefore excluded by Regulation 30B(1)(a).' 'Whether award resignation and termination provisions made the employment contract indeterminate by being implied into, or incorporated by reference into, the contract.' "Whether Regulation 30B(2) applied because the main purpose of the fixed-term engagement was to avoid the employer's statutory obligations."]

Ratio Decidendi

The University's decision not to offer Mr Dadey a further contract was an act resulting in termination of the employment relationship at the initiative of the employer. However, his contract commenced on 1 January 1993 for a duration of three years and was therefore a contract for a specified period entered into before 16 November 1994. The Award's resignation provision was not incorporated into the contract and did not make the contract indeterminate, and Regulation 30B(2) did not apply because the contract predated the reform bill and there was no basis to find a purpose of avoiding future statutory obligations. Mr Dadey was excluded from Section 170EA by Regulation 30B(1)(a), so no...

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.']