CHEN v ALLIED PACKAGING CO PTY LIMITED [1997] IRCA 152

CHEN v ALLIED PACKAGING CO PTY LIMITED [1997] IRCA 152

Mr Chen's employment on 20 June 1996 was unlawful because he was an unlawful non-citizen without a valid visa, and thus there was a valid reason for his termination under the Workplace Relations Act 1996.

Jurisdiction
Australia
Judgment Date
09 April 1997
Procedural Posture
Application for Review / Final Judgment
Outcome
Application for review dismissed
Legal Topics
['unlawful Termination' 'entitlement to Work' 'employer Obligations' 'workplace Relations Act']
['employment Law' 'migration Law'] ['unlawful Termination' 'entitlement to Work' 'employer Obligations' 'workplace Relations Act']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Review / Final Judgment

Legal Issues

  1. 1 ['Whether the termination of employment was unlawful' 'Whether employment terminated at initiative of the employer' 'Whether there was a valid reason for termination']

Ratio Decidendi

Mr Chen's employment on 20 June 1996 was unlawful because he was an unlawful non-citizen without a valid visa, and thus there was a valid reason for his termination under the Workplace Relations Act 1996.

Court Disposition

Application for review dismissed

Orders

  • ['The application for review be dismissed']