Thomas Fischer v Commonwealth of Australia and Department of Social Security [1995] IRCA 445

Thomas Fischer v Commonwealth of Australia and Department of Social Security [1995] IRCA 445

Regulation 30B(1)(c) of the Industrial Relations Regulations did not operate to exclude the applicant from the protections of Division 3 of Part VIA of the Industrial Relations Act, as the maximum duration of two years' probation was not reasonable in the circumstances of a base-grade administrative officer. The termination of employment was for valid reasons related to the applicant's conduct and capacity, was not harsh, unjust, or unreasonable, and procedural fairness was afforded. The Judicial Registrar's dismissal of the claim was correct.

Parties
Applicant: Thomas Fischer; First Respondent: Commonwealth of Australia; Second Respondent: Department of Social Security
Jurisdiction
Australia
Judgment Date
01 September 1995
Procedural Posture
Application for Review of a Judicial Registrar's Decision: Unlawful Termination of Employment / Judgment After Hearing
Outcome
application for review dismissed; decision of Judicial Registrar confirmed
Legal Topics
Unlawful Termination of Employment, Probationary Public Servant, Application of Division 3 of Part VIA of Industrial Relations Act, Reasonableness of Probation Period, Capacity or Conduct as Grounds for Termination, Procedural Fairness
Industrial Law Unlawful Termination of Employment Probationary Public Servant Application of Division 3 of Part VIA of Industrial Relations Act Reasonableness of Probation Period Capacity or Conduct as Grounds for Termination Procedural Fairness

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Parties

Thomas Fischer

Applicant

Commonwealth of Australia

First Respondent

Department of Social Security

Second Respondent

Procedural Posture

Application for Review of a Judicial Registrar's Decision: Unlawful Termination of Employment / Judgment After Hearing

Legal Issues

  1. 1 Whether the applicant was excluded from bringing a claim by regulation 30B(1)(c) of the Industrial Relations Regulations
  2. 2 Whether the maximum duration of the probationary period was reasonable
  3. 3 Whether there were valid reasons for termination connected with capacity or conduct

Ratio Decidendi

Regulation 30B(1)(c) of the Industrial Relations Regulations did not operate to exclude the applicant from the protections of Division 3 of Part VIA of the Industrial Relations Act, as the maximum duration of two years' probation was not reasonable in the circumstances of a base-grade administrative officer. The termination of employment was for valid reasons related to the applicant's conduct and capacity, was not harsh, unjust, or unreasonable, and procedural fairness was afforded. The Judicial Registrar's dismissal of the claim was correct.

Court Disposition

application for review dismissed; decision of Judicial Registrar confirmed

Orders

  • The application for review of the decision of Judicial Registrar Tomlinson dated 25 October 1994 be dismissed
  • The said decision be confirmed