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Australian Cases before Australian Courts and Tribunals Involving Questions of Public International Law 2005 Justin Hogan-Doran, * Jane McAdam, ** and Zelie Wood*** International Law in General International Labour Organisation Convention - employment dispute submitted to Industrial Relations Commission - Industrial Relations Act 1984 (Tas) required Commissioner to take Convention into account - no obligation to do so upon excise of that provision from the Act Port of Devonport Corp Ply Ltd v Abey [2005] T ASSC 97 Supreme Court of Tasmania Full Court A Mr Griffiths complained of unfair dismissal, inadequate severance pay, breach of an award and inadequate payment of long service leave, giving rise to an industrial dispute under Section 29(lA) of the Industrial Relations Act 1984 (Tas) (the Act). The employment agreement had terminated by effluxion of time, and the employer submitted that the Industrial Relations Commission had no jurisdiction to hear it. The Commissioner refused to dismiss the case and an application on the basis that since Section 30 of the Act extended (since 2000) the operation of the Act to termination of employment of employees with a reasonable expectation of continuing employment, it covered both employer-initiated termination and termination by effluxion of time.
The Australian Year Book of International Law Online – Brill
Published: Jan 1, 2007
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