Implied terms of employment

Dmitri Gramotnev v Queensland University of Technology [2013] QSC 158

 

JUDGE: McMeekin J
ORDER:
  1. My answer to each of the separate questions is ―no‖;
  2. I direct that the defendant make any such submission as it may be advised as to any further order that it seeks on or before 4pm on 26 June 2013. I direct that the plaintiff make any such submission as he may be advised as to any further order that he seeks on or before 4pm on 3 July 2013.
 CATCHWORDS: CONTRACT – BREACH OF CONTRACT – EXPRESS AND IMPLIED TERMS –whether the provisions of the defendant‘s enterprise bargaining agreements and/or manual of policies and procedures and/or the defendant‘s statutes and policies constituted a term or terms of the employment contract – whether the employment contract contained the additional terms which are alleged to have been implied by law.

 

David Cormack – Brisbane Barrister. 

NB:

Gramotnev v Queensland University of Technology [2015] QCA 127

McMeekin J’s decision was in the main upheld, save whether the policy regarding disciplinary action for misconduct and serious misconduct contained contractual terms, which Jackson J found it did (Margaret McMurdo P and Holmes JA agreeing).

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