DADEY v EDITH COWAN UNIVERSITY [1997] IRCA 97

DADEY v EDITH COWAN UNIVERSITY [1997] IRCA 97

Because the appellant was employed under a written three year contract ending on 31 December 1995, with no entitlement to continued employment beyond the contract, and because the relevant reasoning in Fisher applied, it was open to the primary judge to conclude that the employment was not terminated at the initiative of the University. The appeal was therefore dismissed.

Jurisdiction
Australia
Judgment Date
02 April 1997
Procedural Posture
Industrial Law Termination of Employment Claim / Appeal From a Judge of the Industrial Relations Court of Australia
Outcome
Appeal dismissed.
Legal Topics
['termination of Employment' 'fixed Term Contract' 'unlawful Termination' 'termination at the Initiative of the Employer']
['industrial Law' 'employment Law'] ['termination of Employment' 'fixed Term Contract' 'unlawful Termination' 'termination at the Initiative of the Employer']

Case Brief

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Procedural Posture

Industrial Law Termination of Employment Claim / Appeal From a Judge of the Industrial Relations Court of Australia

Legal Issues

  1. 1 ["Whether the appellant's employment was unlawfully terminated under the Industrial Relations Act 1988." "Whether the appellant's employment was terminated at the initiative of the University." "Whether reg30B(1)(a) of the Industrial Relations Regulations precluded the appellant's application."]

Ratio Decidendi

Because the appellant was employed under a written three year contract ending on 31 December 1995, with no entitlement to continued employment beyond the contract, and because the relevant reasoning in Fisher applied, it was open to the primary judge to conclude that the employment was not terminated at the initiative of the University. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.']