Trudy Decima Lade v Macquarie Harbour Pty Ltd

[1995] IRCA 709

INDUSTRIAL RELATIONS COURT
OF AUSTRALIA
HOBART DISTRICT REGISTRY

TI-1223 of 1995

B E T W E E N :

TRUDY DECIMA LADE
Applicant

AND

MACQUARIE HARBOUR PTY LTD
Respondent

Before:       Judicial Registrar Ryan
Place:         Hobart
Date:          14 December 1995

REASONS FOR JUDGMENT (Ex Tempore)

I am not satisfied that the Employment Separation Certificate signed on 21 June 1994, and conceded by the applicant to have been received by the applicant on or about that date, constitutes a notice of termination within the terms of S170EA(3)(a). I am not so satisfied having had regard to, particularly, the decision of Von Doussa J in Nelson v Sholle Industries (unreported IRCA No. 588/95, 17 October 1995). I concede immediately and readily that the decision of Von Doussa J in Nelson v Sholle Industries is authority to the effect that in certain circumstances an Employment Separation Certificate can constitute a notice of termination within the terms of S170EA(3).

I note two distinctions between the situation in Nelson and the situation here. The first is that in Nelson the learned judge was considering not only an Employment Separation Certificate as constituting notice. Secondly, in the case of Nelson the Employment Separation Certificate indicated termination of employment because of unsatisfactory work performance and that notification was conveyed to the applicant by way of the Employment Separation Certificate, possibly by other means also, but certainly by way of Employment Separation Certificate.

Being not satisfied that the Employment Separation Certificate constitutes in this case a notice of termination within the terms of S170EA(3), I also find that because of the provision of S170EA(3) in toto, that the application is not an application which is made out of time. It is now a matter of getting this matter set down for hearing.

I certify that this and the preceding 1 page are a true copy of the reasons for judgment of Judicial Registrar Ryan.

Associate:            
Dated:  31 January 1996

Mr David Bessell of Page Seager, solicitors for the applicant.

Mr Stephen Gates of Tasmanian Chamber of Commerce and Industry for the respondent.

Date of hearing:  14 December 1995
Date of judgment:                   14 December 1995

C A T C H W O R D S

INDUSTRIAL LAW - Unlawful termination - Extension of time - Whether application out of time - Whether applicant received written notice of termination

Industrial Relations Act 1988 s.170 EA(3)

CASES:

Nelson v Sholle Industries (unreported) IRCA No, 588/95, 17 October 1995

TRUDY DECIMA LADE -v- MACQUARIE HARBOUR PTY LTD

No. TI-1223 of 1995

Before:  Judicial Registrar Ryan
Place:  Hobart
Date:  14 December 1995

INDUSTRIAL RELATIONS COURT
OF AUSTRALIA
VICTORIA DISTRICT REGISTRY

VI * of 1995

B E T W E E N :

*
Applicant

AND

*
Respondent

MINUTES OF ORDERS

Judicial Registrar *  *

THE COURT ORDERS:

1. *

NOTE:  Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules.