Federal Court of Australia
CATCHWORDS
INDUSTRIAL LAW - Employer and employee - termination of employment - termination at the initiative of the employer - employee ceasing duties after final warning and return to work- whether constructive dismissal.
Industrial Relations Act 1988, ss.170EA.
Australian Bank Employees Union -v- ANZ Banking Group Ltd (Australian Conciliation and Arbitration Commission, 22 September 1988, unreported, Print H4736).
Western Excavation (ECC) Ltd -v- Sharp [1978] IRLR 27.
Siagian -v- Sanel Pty Ltd (1994) 122 ALR 333.
Association of Professional Engineers, Scientists and Managers Australia and Anor -v- Skilled Engineering Pty Ltd (1994) 122 ALR 471.
Grout -v- Gunnedah Shire Council (Industrial Relations Court of Australia, Moore J., 30 September 1994, unreported).
Wong -v- Hodes & Anor (Industrial Relations Court of Australia, Tomlinson JR, 26 September 1994, unreported).
IAN PETER MARCHESI -v- MITSUBISHI MOTORS AUST. LTD
NO. VI 1669 of 1994
Before: MURPHY JR
Place: MELBOURNE
Date: 14 December 1994
INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY
VI 1669 of 1994
BETWEEN:
IAN PETER MARCHESI Applicant
AND
MITSUBISHI MOTORS AUST LTD Respondent
MINUTES OF ORDER
14 December 1994 Judicial Registrar Murphy
THE COURT ORDERS THAT:
1. The Respondent's Notice of Motion filed 12 October 1994 is allowed.
2. The Application is dismissed.
NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules.
INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY
VI 1669 of 1994
BETWEEN:
IAN PETER MARCHESI Applicant
AND
MITSUBISHI MOTORS AUSTRALIA LTD Respondent
REASONS FOR JUDGMENT
14 December 1994 Judicial Registrar Murphy
Introduction
This application under Part VI of the Industrial Relations Act 1988 arises out of the breakdown of the employment relationship between the parties. The central issue in the case is whether that breakdown constitutes the termination of the Applicant's employment at the behest of the Respondent.
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