Daw, Linda & Anor v Flinton Pty Ltd [1998] FCA 1072

FEDERAL COURT OF AUSTRALIA Industrial Law – Review – unlawful termination claim – whether the applicants' employment terminated at the initiative of the employer or whether they resigned – whether constructive dismissal – whether expression of opinion by employer's agent that applicants should resign constituted a breach of an implied term not to destroy or seriously damage the relationship of trust and confidence – claims dismissed

Workplace Relations Act 1996 (Cth), s 170EA Industrial Relations Act 1988 (Cth), s 377, Part VIA

Mohazab v Dick Smith Electronics Pty Ltd (No.2) (1995) 62 IR 200 cited Burazin v Blacktown City Guardian (1996) 142 ALR 144 cited Woods v WM Car Services (Peterborough) Limited [1981] IRLR 347 cited Blaikie v SA Superannuation Board (1995) 65 SASR 85 cited Carrigan v Darwin City Council (unreported, IRCA No.101 of 1997, von Doussa J, 20 March 1997 cited

Matters No. DI1054 and DI1055 of 1996 LINDA DAW and WILLIAM ROBERT DAW v FLINTON PTY LTD

VON DOUSSA J DARWIN 14 AUGUST 1998

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY DI1054 of 1996

DI1055 of 1996

BETWEEN: linda daw

First Applicant

william robert daw

Second Applicant

AND: flinton pty ltd

Respondent

JUDGE: VON DOUSSA J

DATE OF ORDER: 14 august 1998

WHERE MADE: darwin

THE COURT ORDERS THAT: 1. The claim of each applicant brought under s 170EA of the Workplace Relations Act 1996 (Cth) be dismissed. 2. No order as to costs.

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

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT DI1054 of 1996

REGISTRY DI1055 of 1996

BETWEEN: linda daw