Results.
8 judgments found.
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| March 2015 |
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The appellant’s dismissal was contractual (notice/pay in lieu), not redundancy; no entitlement to continued salary or repatriation subsistence.
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Employment law — termination — redundancy v contractual termination — s26B Employment Act; Repatriation expenses — s13(2)(b) relates to travel/subsistence not continued salary; Payment in lieu of notice — contractual enforcement; Recusal — consent order; Distinguishing precedent to avoid unjust enrichment.
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31 March 2015 |
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Applicant’s wrongful dismissal claim dismissed: evidence supported misconduct and procedural lapses did not render dismissal wrongful.
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Employment law — wrongful dismissal — disciplinary procedure — evaluation of witness identification and credibility — appellate restraint on factual findings — reinstatement discretionary and exceptional.
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26 March 2015 |
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Applicant's review of dismissal dismissed: no irrationality, illegality or breach of natural justice found.
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Judicial review — Wednesbury unreasonableness; Illegality — discretionary regulatory provisions (Reg.34); Natural justice — opportunity to be heard via documentary evidence; Administrative allocation of cases — disciplinary consequence; Consideration of prior misconduct.
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26 March 2015 |
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Where termination by pay-in-lieu conceals bad faith motivated by racial incident, the Industrial Relations Court may award compensatory damages.
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Industrial Relations Court — power to do substantial justice — may probe motive behind termination by notice; wrongful termination in bad faith; damages for loss of employment; measure of compensation where pay-in-lieu and alternative employment exist; racial discrimination as motivating factor.
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24 March 2015 |
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Collective agreement’s maximum‑duration clause did not extend an existing fixed‑term contract; refusal to renew need not be probed.
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Employment law — fixed‑term contracts — interpretation of collective agreement maximum duration clause; Industrial Relations Court’s jurisdiction to probe reasons for termination; freedom not to contract vs protection for union activity; non‑renewal of contract not equivalent to dismissal for union activities.
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20 March 2015 |
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Whether a trial court may vary the contractual mortgage interest rate or must enforce the agreed rate.
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Mortgage enforcement — Consent order — Variation of contractual terms — Whether a court may substitute agreed contractual interest rate with current bank lending rate — Appellate correction of trial judge's variation of mortgage terms.
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13 March 2015 |
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Appellant's wrongful dismissal claim failed; dismissal affirmed; procedural defects immaterial where conduct warranted dismissal; new issues barred.
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Employment law — wrongful dismissal (contractual/ procedural breach) — distinction from unfair dismissal — dismissal for offence where appropriate punishment is dismissal not rendered wrongful by procedural defects — appellate procedure: issues not raised below inadmissible on appeal.
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13 March 2015 |
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A complaint filed outside section 85(3) without leave deprived the Industrial Relations Court of jurisdiction; appeal dismissed.
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Industrial Relations Act s85(3) — statutory limitation period — jurisdictional bar to out‑of‑time complaints; leave to file out of time required — waiver/acquiescence or filing an Answer cannot confer jurisdiction — Limitation Act acknowledgment principle not applicable to oust statutory jurisdictional requirement; acting appointments and entitlement to confirmation.
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4 March 2015 |