Graham, Shirley Christine v Dunnyhire (Vic) Pty Ltd [1998] FCA 890

FEDERAL COURT OF AUSTRALIA

INDUSTRIAL LAW – termination of employment – jurisdiction - whether applicant an employee employed by the respondent Workplace Relations and Other Legislation Amendment Act 1996 (No. 60 of 1996) Industrial Relations Act 1988 (Cth) – s 170ED(1) Workplace Relations Act 1996 (Cth) - ss 170EA, 347

Jones v Dunkel (1959) 101 CLR 298 - cited Stevens v Brodribb Sawmilling Company Proprietary Limited (1986) 160 CLR 16 - considered

Montreal v Montreal Locomotive Works (1947) 1 DLR 161 - cited

Zuijs v Wirth Bros. Pty. Ltd. (1955) 93 CLR 561 - cited Bank Voor Handel en Scheepvaart N.V. v Slatford (1953) 1 QB 248 - cited

SHIRLEY CHRISTINE GRAHAM v DUNNYHIRE (VIC) PTY LTD

VI 2768 of 1996 Judicial Registrar Ryan Melbourne 31 July 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VI 2768 of 1996

BETWEEN: Shirley Christine Graham

Applicant

AND: Dunnyhire (Vic) Pty Ltd

Respondent

JUdicial registrar: RYAN

DATE OF ORDER: 31 JULY 1998

WHERE MADE: MELBOURNE

THE COURT:

(1) declares that the applicant was employed by the respondent from 1 July 1995 to 31 October 1996

(2) orders the matter be set down for hearing of submissions on

(a) the second jurisdictional issue of presence or absence of termination at the initiative of the employer (b) the further conduct of the proceeding if the proceeding continues (c) the substantive issue of valid reasons for termination if such are asserted (d) whether the proceeding if continued is by way of further evidence and submissions or by submissions only and reliance on evidence already given.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA