Travis Miles McDonald v Mervyn Francis Samuels [1995] IRCA 318

Travis Miles McDonald v Mervyn Francis Samuels [1995] IRCA 318

The applicant's employment was found to be casual and for a short period, as he was not employed on a regular and systematic basis for at least six months. As such, Regulation 30B(1) excludes the applicant from remedies under Subdivisions B, C, D and E of Division 3 Part VIA of the Industrial Relations Act. Application dismissed.

Jurisdiction
Australia
Judgment Date
19 July 1995
Procedural Posture
Application for Compensation and Damages for Alleged Unfair Dismissal / Judgment After Hearing
Outcome
Application dismissed
Legal Topics
['termination of Employment' 'casual Employment' 'probationary Employment' 'jurisdictional Exclusion (short Period Casual)']
['industrial Law'] ['termination of Employment' 'casual Employment' 'probationary Employment' 'jurisdictional Exclusion (short Period Casual)']

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Procedural Posture

Application for Compensation and Damages for Alleged Unfair Dismissal / Judgment After Hearing

Legal Issues

  1. 1 ["Whether the applicant's termination was harsh, unjust or unreasonable under Division 3 Part VIA of the Industrial Relations Act 1988" 'Whether the employment was of a casual and/or probationary nature excluding coverage under Subdivisions B, C, D and E' "Whether the applicant was engaged for a 'short period' under Industrial Relations Regulations, Regulation 30B"]

Ratio Decidendi

The applicant's employment was found to be casual and for a short period, as he was not employed on a regular and systematic basis for at least six months. As such, Regulation 30B(1) excludes the applicant from remedies under Subdivisions B, C, D and E of Division 3 Part VIA of the Industrial Relations Act. Application dismissed.

Court Disposition

Application dismissed

Orders

  • ["The Applicant's application is dismissed."]