Hladni v Broadlex Management Pty Ltd [1997] IRCA 227

DECISION NO:227/97 INDUSTRIAL RELATIONS COURT OF AUSTRALIA INDUSTRIAL LAW - termination of employment - whether resignation or termination at the initiative of the employer - operational difficulties, an assault on an employee and a consequent strike did not create circumstances which converted termination of employment by the employee into termination of the employment by the employer - employer discouragement of uniion membership and a direction to the employee to work during an industrial stoppage did not convert the ending of the employment by the employee into a constructive dismissal at the hands of the employer. Workplace Relations Act 1996 ss.170DE, 170DF, 170DE CASES: Hutt v The Cascade Brewery Co. Ltd (1992) 34 AILR 179

Allison v Bega Valley Council (1995) 63 IR 68

Gunnedah Shire Council v Grout (1995) 62 IR 160

Brookton Holding Pty Ltd v Kara Kar Holding Pty Ltd (1994) 57 IR 288

Mohazab v Dick Smith Electronics (No 2) 62 IR 200

Rheinberger v Huxley Marketing (1996) 67 IR 154. HLADNI -v- BROADLEX MANAGEMENT PTY LTD No. VI-1507 of 1996 Ryan JR Melbourne 25 July 1997 INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY VI-1507 of 1996 B E T W E E N : FRANKA HLADNI Applicant AND BROADLEX MANAGEMENT PTY LTD Respondent MINUTES OF ORDERS Judicial Registrar Ryan 25 July 1997 THE COURT ORDERS: 1. That the application be dismissed. NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY VI-1507 of 1996 B E T W E E N : FRANKA HLADNI Applicant AND BROADLEX MANAGEMENT PTY LTD Respondent Ryan JR Melbourne 25 July 1997 REASONS FOR JUDGMENT THE CLAIM The Applicant seeks compensation in the claim of unlawful termination of employment. She initially wanted reinstatement but did not pursue that claim at the hearing. THE RESPONSE The Respondent states that the Applicant resigned or abandoned her employment and that the application lacks jurisdiction. THE WITNESSES The Applicant gave evidence and called two other employees as witnesses namely Nonda Stavrakis (Nonda), a leading hand cleaner and Scalica Laholat (Laholat), a cleaner. The Respondent provided evidence through four witnesses: - 1. Angela Sakellis (Angela) joint Managing Director