DADEY v EDITH COWAN UNIVERSITY [1997] IRCA 97

DECISION NO:97/97 CATCHWORDS INDUSTRIAL LAW - termination of employment - fixed term contract - whether termination unlawful under the Industrial Relations Act 1988 - whether employment terminated at the initiative of the employer. Industrial Relations Act 1988, (now the Workplace Relations Act 1996) Fisher v Edith Cowan University, Unreported (Industrial Relations Court of Australia, Madgwick J, 12 November 1996) Fisher v Edith Cowan University, Unreported (Industrial Relations Court of Australia, Full Court, 2 April 1997) PATRICK DADEY v EDITH COWAN UNIVERSITY No. WI96/1454 LEE, MARSHALL, NORTH JJ PERTH (HEARD IN MELBOURNE) 2 APRIL 1997

IN THE INDUSTRIAL ) RELATIONS COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) NO. WI96/1454 ON APPEAL FROM A JUDGE OF THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA B E T W E E N: PATRICK DADEY Appellant and EDITH COWAN UNIVERSITY Respondent MINUTE OF ORDER JUDGE MAKING ORDER: LEE, MARSHALL, NORTH JJ DATE OF ORDER: 2 APRIL 1997 WHERE MADE: PERTH (HEARD IN MELBOURNE) THE COURT ORDERS THAT:

The appeal be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court of Australia Rules.

IN THE INDUSTRIAL ) RELATIONS COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) NO. WI96/1454 ON APPEAL FROM A JUDGE OF THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA B E T W E E N: PATRICK DADEY Appellant and EDITH COWAN UNIVERSITY Respondent CORAM: LEE, MARSHALL, NORTH JJ DATE : 2 APRIL 1997 PLACE: PERTH (HEARD IN MELBOURNE) REASONS FOR JUDGMENT THE COURT: The appellant ("Mr Dadey") was employed by Edith Cowan University ("the University") under a written contract for employment for a three year period commencing on 1 January 1993 and ending on 31 December 1995. He was engaged as a full-time lecturer in Dance (Classical) at the Western Australian Academy of Performing Arts, an academy within the University. The terms of the contract were contained in a written offer of appointment accepted by Mr Dadey. The relevant clauses of the offer provided as follows: