Oostra & Others & ANF v Spastic Society of Victoria Ltd [1995] IRCA 125

INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY

VI 1479-1484 of 1995

BETWEEN:

OOSTRA & OTHERS & ANF Applicant

AND

SPASTIC SOCIETY OF VICTORIA LTD Respondent

REASONS FOR JUDGMENT

31 March 1995 Judicial Registrar Staindl

Anneke Oostra, Eileen ("Jan") Jellef, Diane Ryan, Mary Burns, Jocelyn Traill and Felicity Farmer ("the applicants") are nurses. They were employed by the Spastic Society of Victoria Ltd ("the respondent") at Rattray‑Wood House in East Malvern.

On 25 March 1994 four of the applicants were handed a letter dated 22 March 1994 in the following terms:

"Dear

The Spastic Society of Victoria wishes to advise you of its intention to discontinue your position at Rattray‑Wood House, effective from 30 June 1994.

This has come as a result of Health and Community Services refusal to fund nursing position in their current format.

The Society intends to employ a health educator to service all Residential programs in the future.

It is with regret that I have to inform you of this information and thank you for your years of loyal service to the organisation.

Yours sincerely,

Diana Heggie General Manager Residential Services"

The persons handed letters on this day were Jan Jellef, Diana Ryan, Jocelyn Traill and Felicity Farmer. It is conceded that Anneke Oostra received her copy of this letter prior to 30 March 1994. Mary Burns did not receive her copy until after that date.

Division 3 of Part VIA of the Act was part of the provisions introduced by the Industrial Relations Act 1993. This division commenced operation on 30 March 1994. It is therefore critical to decide in respect to five of the applicants the effect of the letter dated 22 March. Two questions arise out of this letter: firstly, was it a "written notice of termination" within the meaning of subsection 170EA(3) of the Act? Secondly does this letter operate to constitute a termination of employment?