Ulla-Maija Dunkerley v Department of Industry, Innovation, Science, Research and Tertiary Education

Ulla-Maija Dunkerley filed an application against the Department of Industry, Innovation, Science, Research and Tertiary Education, seeking a remedy for an alleged unfair dismissal. The central dispute revolves around whether Dunkerley was dismissed and, if so, whether the dismissal was unfair. The Federal Circuit Court was tasked with resolving these issues.

The court was required to determine whether it had jurisdiction to hear the application, considering that the Department raised an objection. The jurisdictional issue hinged on whether there was a dismissal at the initiative of the employer. Additionally, the court had to consider whether Dunkerley abandoned her employment, which would negate the dismissal claim. If the court found a dismissal, it would then assess the fairness of the dismissal under the applicable laws.

The court found that there was no dismissal by the employer as the evidence indicated that Dunkerley had abandoned her employment. Consequently, the jurisdictional objection was upheld, and the substantive application for unfair dismissal was dismissed. The court concluded that since Dunkerley had not been dismissed by the employer, the application for an unfair dismissal remedy could not proceed.

The court ordered that the application for an unfair dismissal remedy be dismissed in its entirety. The jurisdictional objection was sustained, and the court found no merit in the substantive claim of unfair dismissal.