Federal Court of Australia
INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY
VI 1228 of 1994
BETWEEN:
ISMET HUSSEIN Applicant
AND
WESTPAC BANKING CORPORATION Respondent
REASONS FOR JUDGMENT
30 March 1995 Judicial Registrar Staindl
Introduction
On 8 June 1994 Ismet Hussein ("the applicant") pleaded guilty to a charge of obtaining property by deception. The Broadmeadows Magistrates' Court convicted him and sentenced him to a term of imprisonment of 3 months, such term to be suspended for a period of one year. He was also convicted of possessing an unregistered firearm (a "slug gun") and of failing to store firearms and ammunition as required and was fined a total of $500.00 on these charges. These two firearms charges were of less importance in this case compared to the first charge. The charge of obtaining property by deception related to the applicant's allegedly fraudulent use of an ANZ bank card. This had no direct connection with his employer.
As a result of the applicant's conviction Westpac Banking Corporation ("the respondent") commenced an investigation into the applicant's behaviour. It warned him that one of the possible outcomes was the termination of his employment. In fact, the applicant's employment was terminated on 21 July 1994 although whether or not it was a termination at the initiative of the employer is vigorously contested. The applicant then applied to this Court, alleging that the termination of his employment contravened the Industrial Relations Act 1988. The hearing of this matter lasted six days during which time the applicant appeared for himself and Mr Bleeby QC and Mr G. Smith appeared for the respondent.
Resignation Or Termination At The Initiative Of The Employer
The first issue to decide is whether or not this Court has jurisdiction, i.e., whether the applicant resigned or had his employment terminated by the respondent. A determination of this issue entails reference to the facts. The evidence demonstrates the following chronology in relation to this matter:-
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