Bruce v AWB Ltd [2000] FCA 594

FEDERAL COURT OF AUSTRALIA

Bruce v A W B Ltd [2000] FCA 594 CONTRACT OF EMPLOYMENT ‑ Written contract ‑ Specification for position stating that successful employee would report directly to managing director and be on executive committee ‑ Written contract silent as to those matters ‑ Whether terms of contract ‑ Parol evidence rule ‑ Whether essential terms ‑ Subsequent direction that employee no longer report to managing director or be on executive committee ‑ Whether authorised by power to alter employee's duties ‑ Employee asserts direction ineffective to alter terms ‑ Whether "serious misconduct" justifying summary dismissal ‑ Dismissal for refusal to perform duties ‑ Whether wrongful dismissal.

State Rail Authority (NSW) v Heath Outdoor Pty Ltd (1986) 7 NSWLR 170 applied Youell v Bland Welch & Co Ltd [1990] 2 Lloyd's Rep 423 cited Tramways Advertising Pty Ltd v Luna Park (NSW) Ltd (1938) 38 SR (NSW) 632 applied Associated Newspapers Ltd v Bancks (1951) 83 CLR 322 applied Dilworth v Stamps Commissioners [1899] AC 99 cited Laws v London Chronicle (Indicator Newspapers) Ltd [1959] 2 All ER 285 considered North v Television Corp Ltd (1976) 11 ALR 599 cited Morris v Baron & Co [1918] AC 1 cited Summers v The Commonwealth (1918) 25 CLR 144 cited DTR Nominees Pty Ltd v Mona Homes Pty Ltd (1978) 138 CLR 423 considered Woodar Ltd v Wimpay Ltd [1980] 1 WLR 277 cited Scharmann v APIA Club Ltd (1983) 6 I R 157 cited Re Barrett and Women's Hospital Crown Street [1947] AR (NSW) 565 cited GARY BRUCE v A W B LIMITED VG 654 OF 1998

SUNDBERG J 10 MAY 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 654 OF 1998

BETWEEN: GARY BRUCE

APPLICANT

AND: A W B LIMITED

RESPONDENT

JUDGE: SUNDBERG J

DATE OF ORDER: 10 MAY 2000

WHERE MADE: MELBOURNE