Robertson v South [2000] FCA 1402

FEDERAL COURT OF AUSTRALIA

Robertson v South [2000] FCA 1402

LEIANNE KAYE ROBERTSON v DARRYL JOHN SOUTH trading as DARWIN PLANT WHOLESALERS NO D 5 OF 2000 O'LOUGHLIN J ADELAIDE (heard in Darwin) 6 OCTOBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY D 5 OF 2000

BETWEEN: LEIANNE KAYE ROBERTSON

APPLICANT

AND: DARRYL JOHN SOUTH

Trading As DARWIN PLANT WHOLESALERS

RESPONDENT

JUDGE: O'LOUGHLIN J

DATE OF ORDER: 6 OCTOBER 2000

WHERE MADE: ADELAIDE (heard in DARWIN)

THE COURT ORDERS THAT: The application be dismissed. 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 REGISTRY D 5 OF 2000

BETWEEN: LEIANNE KAYE ROBERTSON

APPLICANT

AND: DARRYL JOHN SOUTH

Trading As DARWIN PLANT WHOLESALERS

RESPONDENT

JUDGE: O'LOUGHLIN J

DATE: 6 OCTOBER 2000

PLACE: ADELAIDE (heard in DARWIN)

REASONS FOR JUDGMENT 1 Part VIA of the Workplace Relations Act 1996 (Cth) ("the Act") is entitled "Minimum entitlements of employees". Division 3 of that part deals with the subject of "Termination of employment". The principal objects of Division 3 include the establishment of procedures for conciliation in relation to the termination or proposed termination of an employee's employment, the provision for recourse to arbitration or to a court if the conciliation process is unsuccessful and the provision for remedies in those cases where remedies are appropriate. 2 The procedures for conciliation and for recourse to arbitration or to a court are: "… intended to ensure that, in the consideration of an application in respect of a termination of employment, a "fair go all round" is accorded to both the employer and employee concerned:" subs 170CA(2)