Sperandio v Lynch [2006] FCA 1648

FEDERAL COURT OF AUSTRALIA

Sperandio v Lynch [2006] FCA 1648

INDUSTRIAL LAW – Termination of employment – Whether by reason of employee's temporary absence because of illness or employee's physical or mental disability – Appropriateness of reinstatement – Workplace Relations Act 1996 (Cth) ss 170CK, 170CR

EMPLOYMENT – Summary dismissal – Whether justified by conduct of employee

CONTRACT – Offer and acceptance – Whether contract complete before attempted withdrawal of offer

Workplace Relations Acts 1996 (Cth): s 170CK(2)

JOSIE SPERANDIO v DRS JAMES AND SANDRA LYNCH T/AS DOCTORS OF NORTHCOTE VID715 OF 2005

JESSUP J

1 DECEMBER 2006

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID715 OF 2005

BETWEEN: JOSIE SPERANDIO

Applicant

AND: DRS JAMES AND SANDRA LYNCH T/AS DOCTORS OF NORTHCOTE

Respondents

JUDGE: JESSUP J DATE OF ORDER: 1 DECEMBER 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. On or before 8 December 2006, the applicant file and serve – (a) a minute of the orders which she proposes to give effect to the reasons of the court published this day; (b) a memorandum of the particulars of the calculations, if any upon which she relies in support of the orders which she seeks; and (c) a brief note of the contentions which she proposes to make on the date fixed under order 3 below. 2. On or before 15 December 2006, the respondents file and serve – (a) a minute of the orders, if any, which they propose by way of variation of or substitution for the orders proposed by the applicant; (b) a memorandum of the particulars of the calculations, if any, upon which they rely in support of the varied or substituted orders; and (c) a brief note of the contentions which they propose to make on the date fixed under order 3 below. 3. The proceeding be fixed to hear the parties' submissions on the orders to be made by the court at 4.15pm on 19 December 2006.