Holden v Tasmania

Holden appealed to the Full Court of the Supreme Court of Tasmania against a decision of a single judge who had dismissed his application concerning the termination of his employment with the State of Tasmania. Holden alleged that his employment had been unlawfully terminated, claiming the termination was based on performance and conduct issues rather than redundancy, as stated by the employer.

The Full Court was required to determine whether the trial judge erred in finding that Holden's previous office had not ceased to exist following a transfer of employment, and consequently, whether there was a deemed appointment to a new office. The court also had to consider whether the trial judge erred in failing to infer that Holden's termination was due to performance or conduct issues, rather than redundancy.

The Full Court upheld the trial judge's findings. It reasoned that the evidence did not support the conclusion that Holden's original office had ceased to exist, nor did it establish that he had been deemed appointed to a new office. Furthermore, the court found that the inference that Holden's termination was based on performance or conduct issues was not reasonably open on the evidence presented. The stated basis for termination, redundancy, was accepted as the operative reason.

Accordingly, the appeal was dismissed.