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Visscher v The Honourable President Justice Giudice

[2009] HCA 34
Judgment date
Case number
S30/2008
Before
Gummow, Heydon, Crennan, Kiefel, Bell JJ
Catchwords

Industrial law – Contract of employment - Where employee promoted to Chief Officer but promotion later sought to be rescinded by employer - Where employee continued to perform duties and receive salary equivalent to that of Chief Officer - Whether rescission of promotion effective to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).

Files
34.rtf (65.43 KB)
34.pdf (120.81 KB)