Trudy Decima Lade v Macquarie Harbour Pty Ltd [1995] IRCA 709

Trudy Decima Lade v Macquarie Harbour Pty Ltd [1995] IRCA 709

The Employment Separation Certificate in this case was not shown to constitute a notice of termination within the terms of S170EA(3)(a). Having regard to S170EA(3) as a whole, the application was therefore not made out of time.

Jurisdiction
Australia
Judgment Date
14 December 1995
Procedural Posture
Unlawful Termination Application / Determination of Whether Application Was Out of Time
Outcome
The application was held not to be out of time and the matter was to be set down for hearing.
Legal Topics
['unlawful Termination' 'extension of Time' 'whether Application Out of Time' 'whether Applicant Received Written Notice of Termination']
['industrial Law'] ['unlawful Termination' 'extension of Time' 'whether Application Out of Time' 'whether Applicant Received Written Notice of Termination']

Case Brief

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Procedural Posture

Unlawful Termination Application / Determination of Whether Application Was Out of Time

Legal Issues

  1. 1 ['Whether the Employment Separation Certificate signed on 21 June 1994 and received by the applicant on or about that date constituted a notice of termination within the terms of S170EA(3)(a).' 'Whether the application was made out of time.']

Ratio Decidendi

The Employment Separation Certificate in this case was not shown to constitute a notice of termination within the terms of S170EA(3)(a). Having regard to S170EA(3) as a whole, the application was therefore not made out of time.

Court Disposition

The application was held not to be out of time and the matter was to be set down for hearing.

Orders

  • []