SPROAL v FABRILINE AUST PTY LTD [1997] IRCA 85

SPROAL v FABRILINE AUST PTY LTD [1997] IRCA 85

The applicant's employment ended by his abandonment of employment based on an incorrect belief that his employer had dismissed him. There was no termination of employment at the initiative of the employer. The respondent's actions did not amount to dismissal or exert undue pressure to force resignation.

Jurisdiction
Australia
Judgment Date
24 March 1997
Procedural Posture
Employment Termination Application / Judgment
Outcome
Application dismissed
Legal Topics
['termination of Employment' 'unlawful Dismissal' 'abandonment of Employment']
['industrial Law' 'employment Law'] ['termination of Employment' 'unlawful Dismissal' 'abandonment of Employment']

Case Brief

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Procedural Posture

Employment Termination Application / Judgment

Legal Issues

  1. 1 ["Whether the applicant's employment was terminated at the initiative of the employer" 'Whether such termination, if found, was unlawful under the Workplace Relations Act, 1996']

Ratio Decidendi

The applicant's employment ended by his abandonment of employment based on an incorrect belief that his employer had dismissed him. There was no termination of employment at the initiative of the employer. The respondent's actions did not amount to dismissal or exert undue pressure to force resignation.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.']