Federal Court of Australia
CATCHWORDS INDUSTRIAL LAW - appeal - principles on appeal - inferences of fact - UNLAWFUL TERMINATION - ultimatum - resignation by employee - whether termination at the initiative of the employer. Industrial Relations Act 1988, Div 3 Pt VIA, ss 170CB, 170EA, 377, 420, 423, 425 Allison v Bega Valley Council, Industrial Relations Commission of NSW, Full Bench, 1 September 1995, 16-17, as yet unreported Andersen v Umbakumba Community Council (1994) 126 ALR 121, 124-125 APESMA v David Graphics Pty Ltd, Industrial Relations Court of Australia, NI 94/0174, 12 July 1995, as yet unreported, Wilcox CJ, 3, 5 Auckland Shop Employees Union v Woolworths (NZ) Ltd (1985) 2 NZLR 372,374 Gregory v Philip Morris Ltd (1988) 80 ALR 455, 477 Grout v Gunnedah Shire Council 1994 125 ALR 355 Rennie v The Commonwealth, Full Court of the Federal Court, 17 November 1995, as yet unreported, Burchett J Siagen v Sanel (1994) 122 ALR 333, 351; (1994) 1 IRCR 1, 19 The Attorney-General v Western Australian Prison Officers' Union of Workers, Western Australian Industrial Appeal Court, Appeal IAC 8 of 1995, 3 November 1995, as yet unreported, 4, 6, 7-8 Warren v Coombes and another (1979) 142 CLR 531, 551
"Constructive Dismissal of Employees in Australia": McCarry (1994) 68 ALJ 495.
No. NI 2571 of 1995 MOHEBATULLAH MOHAZAB v DICK SMITH ELECTRONICS PTY LTD CORAM: LEE, MOORE and MARSHALL JJ PLACE: SYDNEY DATE: 28 NOVEMBER 1995
IN THE INDUSTRIAL RELATIONS ) ) COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NI 2571 of 1995 BETWEEN: MOHEBATULLAH MOHAZAB Appellant AND: DICK SMITH ELECTRONICS PTY LTD Respondent CORAM: LEE, MOORE and MARSHALL JJ PLACE: SYDNEY DATE: 28 NOVEMBER 1995 ORDER
THE COURT ORDERS THAT:
1. The orders of Wilcox CJ of 1 June 1995 be set aside. 2. In lieu thereof the Court orders that the application under s170EA of the Industrial Relations Act 1988 ("the Act") be heard by a Judge of the Court by way of review under s377 of the Act. NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules. IN THE INDUSTRIAL RELATIONS ) ) COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. 2571 of 1995
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