Ryan v Furneys Stockfeed Ltd [1995] IRCA 250

Ryan v Furneys Stockfeed Ltd [1995] IRCA 250

The applicant was not a probationary employee as the award provisions were not drawn to his attention and not incorporated into his contract, and his summary dismissal without opportunity to respond to allegations was unlawful under ss 170DC and 170DE of the Act.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 May 1995
Procedural Posture
Application Under Part VIA of the Industrial Relations Act 1988 / Judgment
Outcome
Judgment for applicant; compensation awarded.
Legal Topics
['termination of Employment' 'contract of Employment' 'procedural Fairness']
['industrial Law'] ['termination of Employment' 'contract of Employment' 'procedural Fairness']

Source-derived case record

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Procedural Posture

Application Under Part VIA of the Industrial Relations Act 1988 / Judgment

Legal Issues

  1. 1 ['Whether the applicant was a probationary employee within the meaning of Regulation 30B(1)(c) of the Industrial Relations Act 1988' 'Whether the termination of employment was unlawful under ss 170DC and 170DE of the Industrial Relations Act 1988' 'Whether the provisions of the award were part of the contract of employment']

Ratio Decidendi

The applicant was not a probationary employee as the award provisions were not drawn to his attention and not incorporated into his contract, and his summary dismissal without opportunity to respond to allegations was unlawful under ss 170DC and 170DE of the Act.

Court Disposition

Judgment for applicant; compensation awarded.

Orders

  • ['The respondent pay the applicant compensation in the sum of $6,925.30, within 21 days of 15 May 1995.']