Murray John Hoy v Knight Frank Hooker (Vic) Pty Ltd [1995] IRCA 104

CATCHWORDS INDUSTRIAL LAW - Termination of employment - Claim of unlawful termination - Relevant wages for a period of less than 12 months - Normal hours for the performance of work not prescribed in the contract of employment expressly or by implication - Exclusion of employee not employed under award conditions. Industrial Relations Act 1988, S170CD, S170EA. BP Refinery v Shire of Hastings [1977] 16 ALR 363. Adams v Liverpool Corporation [1927] 137 LP 396 Ardino v Count Financial Group (unreported) IRCA 109/94 14 November 1994 NI 517 of 1994 Kanan v Australian Postal and Telecommunications Union [1992] 43 IR 257 Saddington v Oliver [1993] 121 ALR 601. MURRAY JOHN HOY V KNIGHT FRANK HOOKER (VIC) PTY LTD No. VI-2214/94 Before:Ryan JR Place: Melbourne Date: 16 March 1995

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY Matter No VI-2214/94 B E T W E E N: MURRAY JOHN HOY Applicant AND: KNIGHT FRANK HOOKER (VIC) PTY LTD Respondent RYAN JR MINUTES OF ORDER

16 MARCH 1995 THE COURT ORDERS THAT: 1. The initial application under S170EA be struck out for want of jurisdiction because of the provisions of S170CD(1)(b) and the total amount of wages the employee received. 2. The application that the applicant pay the respondent's costs be dismissed. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY Matter No VI-2214/94 B E T W E E N: MURRAY JOHN HOY Applicant AND: KNIGHT FRANK HOOKER (VIC) PTY LTD Respondent COURT: RYAN JR PLACE:MELBOURNE DATE: 16 MARCH 1995 REASONS FOR JUDGMENT NOTICE OF MOTION The applicant seeks remedy for unlawful termination of employment. The respondent has filed a Notice of Motion that the application be struck out for want of jurisdiction pursuant to S170CD and that the applicant pay the respondent's costs.