Steven John Sharp and Matrik Structures: a division of Matrik Holdings [1994] IRCA 59

Steven John Sharp and Matrik Structures: a division of Matrik Holdings [1994] IRCA 59

The application was dismissed because the Court found that the applicant resigned voluntarily when he learned the respondent was moving closer to the CBD, his reasons being that the move was too far for him to travel and would take too much time; after his permanent employment ceased, casual work was offered and he did not avail himself of it.

Jurisdiction
Australia
Judgment Date
12 October 1994
Procedural Posture
Application Under Section 170 EA of the Industrial Relations Act 1988 Alleging Termination of Employment in Contravention of Division 3 of Part VI a and Seeking Reinstatement, Compensation, Costs and Extension of Time. / Reasons for Judgement and Minutes of Order After Hearing; Application Dismissed.
Outcome
Application dismissed.
Legal Topics
['termination of Employment' 'resignation' 'reinstatement' 'compensation' 'extension of Time' 'workplace Relocation']
['industrial Relations' 'employment Law'] ['termination of Employment' 'resignation' 'reinstatement' 'compensation' 'extension of Time' 'workplace Relocation']

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Procedural Posture

Application Under Section 170 EA of the Industrial Relations Act 1988 Alleging Termination of Employment in Contravention of Division 3 of Part VI a and Seeking Reinstatement, Compensation, Costs and Extension of Time. / Reasons for Judgement and Minutes of Order After Hearing; Application Dismissed.

Legal Issues

  1. 1 ["Whether the applicant's employment was terminated by the respondent in contravention of Division 3 of Part VI A of the Industrial Relations Act 1988 or whether the applicant voluntarily resigned when the respondent moved premises." 'Whether casual work was offered to the applicant after his permanent employment ceased.']

Ratio Decidendi

The application was dismissed because the Court found that the applicant resigned voluntarily when he learned the respondent was moving closer to the CBD, his reasons being that the move was too far for him to travel and would take too much time; after his permanent employment ceased, casual work was offered and he did not avail himself of it.

Court Disposition

Application dismissed.

Orders

  • ['The application made under Section 170 EA of the Industrial Relations Act 1988 be dismissed.']