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Australian Cases before Australian Courts and Tribunals Involving Questions of Public International Law 2005

Australian Cases before Australian Courts and Tribunals Involving Questions of Public... 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. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Australian Year Book of International Law Online Brill

Australian Cases before Australian Courts and Tribunals Involving Questions of Public International Law 2005

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2666-0229
DOI
10.1163/26660229-026-01-900000016
Publisher site
See Article on Publisher Site

Abstract

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.

Journal

The Australian Year Book of International Law OnlineBrill

Published: Jan 1, 2007

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