Patrick John Jackson and Northshore Realty [1994] IRCA 170

Patrick John Jackson and Northshore Realty [1994] IRCA 170

There was no contract of employment between the applicant and the respondent; the relationship was governed by a set of management and related agreements between the respondent and P.J. Jackson Property Group Pty Limited. Consequently, there could be no unlawful termination of employment attracting remedy under the Industrial Relations Act 1988.

Jurisdiction
Australia
Judgment Date
16 December 1994
Procedural Posture
Industrial Law Unlawful Termination Complaint / Final Judgment at First Instance
Outcome
Application dismissed
Legal Topics
['contract of Employment' 'contract for Services' 'termination of Employment' 'summary Dismissal' 'unlawful Termination']
['industrial Law' 'employment Law'] ['contract of Employment' 'contract for Services' 'termination of Employment' 'summary Dismissal' 'unlawful Termination']

Case Brief

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Procedural Posture

Industrial Law Unlawful Termination Complaint / Final Judgment at First Instance

Legal Issues

  1. 1 ['Whether there was a contract of employment between the applicant and the respondent' 'Whether the alleged termination was unlawful under the Industrial Relations Act 1988']

Ratio Decidendi

There was no contract of employment between the applicant and the respondent; the relationship was governed by a set of management and related agreements between the respondent and P.J. Jackson Property Group Pty Limited. Consequently, there could be no unlawful termination of employment attracting remedy under the Industrial Relations Act 1988.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']