Industrial law – Contract of employment - Where employee promoted to Chief Officer but promotion later sought to be rescinded by employer - Where employee continued to perform duties and receive salary equivalent to that of Chief Officer - Whether rescission of promotion effective to terminate contract of employment.
Contract – Contract of employment - Repudiation - Where employer repudiated contract of employment - Whether acceptance of repudiation by employee necessary to terminate contract of employment - Relevance of distinction between contract of employment and employment relationship - Whether employee estopped from denying that repudiation effective to terminate contract of employment.
Industrial law – Certified Agreement - Where annexure to Certified Agreement listed gradings of employees - Whether grading listed in Certified Agreement conclusive as to employee's position.
Words and phrases – "at the initiative of the employer", "contract of employment", "employment relationship", "repudiation", "termination".
Workplace Relations Act 1996 (Cth) – ss 170CD(1B), 170CE(1)(a), 170CH(3).
Judgment date
Case number
S30/2008
Before
Gummow, Heydon, Crennan, Kiefel, Bell JJ
Catchwords