Timothy Holahan and Australian Public Service [1996] IRCA 8

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

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Procedural Posture

Notice of Motion / Ex Tempore Decision on Dismissal

  1. 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.']