Exton v Woolworths (Vic) Pty Ltd [1996] IRCA 492

Exton v Woolworths (Vic) Pty Ltd [1996] IRCA 492

The application was dismissed because, on the evidence and preferring the evidence of Messrs Brookes and Luscombe, the cessation of employment was not a probable result of the employer's conduct and there was no termination at the initiative of the employer, so the application lacked jurisdiction.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 September 1996
Procedural Posture
Industrial Law Application Concerning Termination of Employment / Reasons for Judgment and Orders After Hearing
Outcome
Application dismissed for lack of jurisdiction.
Legal Topics
['termination of Employment' 'termination at the Initiative of the Employer' 'jurisdiction']
['industrial Law' 'employment Law'] ['termination of Employment' 'termination at the Initiative of the Employer' 'jurisdiction']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Industrial Law Application Concerning Termination of Employment / Reasons for Judgment and Orders After Hearing

Legal Issues

  1. 1 ["Whether the applicant's employment was terminated at the initiative of the employer." "Whether cessation of the employment relationship was a probable result of the employer's conduct."]

Ratio Decidendi

The application was dismissed because, on the evidence and preferring the evidence of Messrs Brookes and Luscombe, the cessation of employment was not a probable result of the employer's conduct and there was no termination at the initiative of the employer, so the application lacked jurisdiction.

Court Disposition

Application dismissed for lack of jurisdiction.

Orders

  • ['That the application be dismissed.']