Altman v Pierlite Pty Ltd [1996] IRCA 207

Altman v Pierlite Pty Ltd [1996] IRCA 207

The applicant voluntarily resigned from her employment. There was insufficient evidence that the employer gave her an ultimatum or exerted pressure to force her resignation. The respondent's conduct did not amount to termination at the initiative of the employer. Accordingly, the Court's jurisdiction was not...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 May 1996
Procedural Posture
Complaint of Unfair Termination of Employment / Judgment at First Instance
Outcome
Application dismissed
Legal Topics
['termination of Employment' 'unfair Dismissal' 'resignation' 'jurisdiction Under Industrial Relations Act 1988 S.170 Ea']
['industrial Law' 'employment Law'] ['termination of Employment' 'unfair Dismissal' 'resignation' 'jurisdiction Under Industrial Relations Act 1988 S.170 Ea']

Source-derived case record

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Procedural Posture

Complaint of Unfair Termination of Employment / Judgment at First Instance

Legal Issues

  1. 1 ["Whether the applicant's employment ended by termination at the initiative of the employer within the meaning of Industrial Relations Act 1988 s.170EA" 'Whether the applicant was forced to resign or resigned voluntarily']

Ratio Decidendi

The applicant voluntarily resigned from her employment. There was insufficient evidence that the employer gave her an ultimatum or exerted pressure to force her resignation. The respondent's conduct did not amount to termination at the initiative of the employer. Accordingly, the Court's jurisdiction was not enlivened and the application must be dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']