Dadey v Edith Cowan University [1996] IRCA 585

Dadey v Edith Cowan University [1996] IRCA 585

The application was dismissed because the respondent's objection that there was no termination of Mr Dadey's services at the initiative of the employer was upheld for the reasons given in Fisher v Edith Cowan University.

Jurisdiction
Australia
Judgment Date
12 November 1996
Procedural Posture
Unlawful Termination Application Concerning Fixed Term Employment / Review on Preliminary Objections
Outcome
Application dismissed.
Legal Topics
['unlawful Termination' 'fixed Term Contracts' 'contract for a Specified Period' 'termination at the Initiative of the Employer' 'award Right to Resign']
['employment Law' 'industrial Relations'] ['unlawful Termination' 'fixed Term Contracts' 'contract for a Specified Period' 'termination at the Initiative of the Employer' 'award Right to Resign']

Case Brief

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Procedural Posture

Unlawful Termination Application Concerning Fixed Term Employment / Review on Preliminary Objections

Legal Issues

  1. 1 ["Whether there was a termination of Mr Dadey's services at the initiative of the employer." 'Whether Mr Dadey was engaged under a contract of employment entered into before 16 November 1994 for a specified period of time and therefore excluded from the operation of the Industrial Relations Act 1988 (Cth) pursuant to s 170cc and Reg 30B of the Industrial Relations Regulations.' "Whether an employee's award right to resign on notice prevents a fixed-term employment contract from being a contract for a specified period of time within Reg 30B(1)(a)."]

Ratio Decidendi

The application was dismissed because the respondent's objection that there was no termination of Mr Dadey's services at the initiative of the employer was upheld for the reasons given in Fisher v Edith Cowan University.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.']