Garland v State Transit Authority [1998] FCA 238

Garland v State Transit Authority [1998] FCA 238

The balance of the evidence showed that the appellant knowingly signed the resignation form and resigned on 10 March 1994. Because his employment ceased before the date on which he alleged termination, and because there was no basis to disturb Madgwick J's factual and credibility findings, the appeal had to be dismissed.

Jurisdiction
Australia
Judgment Date
03 March 1998
Procedural Posture
Appeal From a Judge of the Federal Court of Australia / Full Court Appeal; Ex Tempore Reasons for Judgment
Outcome
Appeal dismissed.
Legal Topics
['resignation' 'dismissal' 'credibility Findings' 'appellate Review of Factual Findings']
['employment Law' 'appellate Procedure'] ['resignation' 'dismissal' 'credibility Findings' 'appellate Review of Factual Findings']

Case Brief

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Procedural Posture

Appeal From a Judge of the Federal Court of Australia / Full Court Appeal; Ex Tempore Reasons for Judgment

Legal Issues

  1. 1 ['Whether the appellant resigned his employment with the respondent on 10 March 1994 or was dismissed at a later date.' "Whether there was any basis for the Full Court to interfere with Madgwick J's findings of fact and credibility."]

Ratio Decidendi

The balance of the evidence showed that the appellant knowingly signed the resignation form and resigned on 10 March 1994. Because his employment ceased before the date on which he alleged termination, and because there was no basis to disturb Madgwick J's factual and credibility findings, the appeal had to be dismissed.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal is dismissed.']