Timothy Holahan and Australian Public Service [1996] IRCA 8
The revocation of the retirement order under subsection 66A(5) of the Public Service Act rendered any purported termination ineffective. Therefore, the applicant's claim for unlawful termination must be dismissed.
Source-derived case information.
- Jurisdiction
- Australia
- Judgment Date
- 16 January 1996
- Procedural Posture
- Notice of Motion / Ex Tempore Decision on Dismissal
- Outcome
- Application dismissed
- Legal Topics
- ['unlawful Termination' 'retirement Order' 'revocation Under Public Service Act']
['industrial Relations'] ['unlawful Termination' 'retirement Order' 'revocation Under Public Service Act']
Source-derived case record
Summary, issues, holding and outcome
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Procedural Posture
Notice of Motion / Ex Tempore Decision on Dismissal
Legal Issues
- 1 ['Whether there was an effective termination of employment' 'Revocation of retirement order under Public Service Act']
Ratio Decidendi
The revocation of the retirement order under subsection 66A(5) of the Public Service Act rendered any purported termination ineffective. Therefore, the applicant's claim for unlawful termination must be dismissed.
Court Disposition
Application dismissed
Orders
- ['The application of Timothy Holahan be dismissed.' 'Costs of today be reserved.']
Full Case Text
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