INDUSTRIAL RELATIONS: Appeal

13 cases · September 2024 to November 2025

Case Volume by Year

5
24
8
25
2024–2025

Key Issues & Sub-Topics

Industrial Court — Dismissal — Negligent discharge of duties — Failure to comply with Standard Operating Procedures — Whether negligent conduct proven — Finding of facts 1 Industrial Court — Forced resignation or voluntary resignation — Principle of forced resignation — Whether cause existing at time of tendering letter of resignation — Principles of appellate intervention — Analysis of evidence by the Industrial Court — Whether appellate intervention justified 1 Industrial Court — Domestic inquiry — Appeal Committee — Demotion — Constructive dismissal — Reason for constructive dismissal at the time of walking out of the employment — Whether other reasons can be considered — Whether pre-requisites of constructive dismissal proven — Breach of natural justice at domestic inquiry and appeal committee hearing — Whether a fundamental breach of the contract 1 Industrial Court — Forced resignation or voluntary resignation — Principle of forced resignation — Intention to resign — Request to resign — Whether there was a negotiation of terms to resign — Whether cause existing at the time of tendering the letter of resignation — Poor performance — Sabotage 1 Industrial Court — Probationer — Unsatisfactory performance — Termination — m Whether termination with or without just cause and excuse Findings of fact — Plainly wrong test — Appellate interference 1 Industrial Court — Dismissal — Negligent discharge of duties — Failure to comply with Standard Operating Procedures — Whether negligent conduct proven — Whether evidence at domestic inquiry relevant — Mala fide and victimisation 1 Industrial Court — Misconduct — Theft — Whether theft proven — Findings of fact — Plainly wrong test — Appellate interference — Principles. 1 Dismissal — Industrial Court — Whether claimant 'workman' within meaning of the Industrial Relations Act 1967. Test — Control Test — Integrated test — Whether test proven 1 Dismissal — Industrial Court — Constructive dismissal — Findings of facts — Appellate function — Test to warrant interference — Cumulative effect — Last straw principle 1 Dismissal — Industrial Court — Misconduct — Whether proven — Double jeopardy — Duty of Industrial Court under section 20(3) of the Industrial Relations Act 1967. 1 Dismissal — Industrial Court — Misconduct — Whether proven — Duty of Industrial Court under section 20(3) of the Industrial Relations Act 1967 . 1 section 33C of the Industrial Relations Act 1967 — Dismissal — Industrial Court — Whether Industrial Court carried out function — Function to determine whether the dismissal was with or without just cause and excuse — Remitted to Industrial Court to determine whether dismissal with or without just cause and excuse. 1 Dismissal — Industrial Court — Whether Industrial Court carried out function — Function to determine whether the dismissal was with or without just cause and excuse — Appellate intervention — Substitution of misconduct under Company Handbook to an offence under Penal Code 1

Industrial Court — Dismissal — Negligent discharge of duties — Failure to comply with Standard Operating Procedures — Whether negligent conduct proven — Finding of facts 1 case

Industrial Court — Forced resignation or voluntary resignation — Principle of forced resignation — Whether cause existing at time of tendering letter of resignation — Principles of appellate intervention — Analysis of evidence by the Industrial Court — Whether appellate intervention justified 1 case

Industrial Court — Domestic inquiry — Appeal Committee — Demotion — Constructive dismissal — Reason for constructive dismissal at the time of walking out of the employment — Whether other reasons can be considered — Whether pre-requisites of constructive dismissal proven — Breach of natural justice at domestic inquiry and appeal committee hearing — Whether a fundamental breach of the contract 1 case

Industrial Court — Forced resignation or voluntary resignation — Principle of forced resignation — Intention to resign — Request to resign — Whether there was a negotiation of terms to resign — Whether cause existing at the time of tendering the letter of resignation — Poor performance — Sabotage 1 case

Industrial Court — Probationer — Unsatisfactory performance — Termination — m Whether termination with or without just cause and excuse Findings of fact — Plainly wrong test — Appellate interference 1 case

Industrial Court — Dismissal — Negligent discharge of duties — Failure to comply with Standard Operating Procedures — Whether negligent conduct proven — Whether evidence at domestic inquiry relevant — Mala fide and victimisation 1 case

Industrial Court — Misconduct — Theft — Whether theft proven — Findings of fact — Plainly wrong test — Appellate interference — Principles. 1 case

Dismissal — Industrial Court — Whether claimant 'workman' within meaning of the Industrial Relations Act 1967. Test — Control Test — Integrated test — Whether test proven 1 case

Dismissal — Industrial Court — Constructive dismissal — Findings of facts — Appellate function — Test to warrant interference — Cumulative effect — Last straw principle 1 case

Dismissal — Industrial Court — Misconduct — Whether proven — Double jeopardy — Duty of Industrial Court under section 20(3) of the Industrial Relations Act 1967. 1 case

Dismissal — Industrial Court — Misconduct — Whether proven — Duty of Industrial Court under section 20(3) of the Industrial Relations Act 1967 . 1 case

section 33C of the Industrial Relations Act 1967 — Dismissal — Industrial Court — Whether Industrial Court carried out function — Function to determine whether the dismissal was with or without just cause and excuse — Remitted to Industrial Court to determine whether dismissal with or without just cause and excuse. 1 case

Dismissal — Industrial Court — Whether Industrial Court carried out function — Function to determine whether the dismissal was with or without just cause and excuse — Appellate intervention — Substitution of misconduct under Company Handbook to an offence under Penal Code 1 case

Court Distribution

Key People & Firms

Cases