Court: FCA Judges: Farrell JR Judgment Date: 24/2/1998 In this document: Catchwords & Digest Catchwords & Digest · Learn more Employment — Unfair dismissal — Termination — Continuing employment relationship Application for orders. Respondent employer introduced vision test due to physical nature of applicant's job. Testing demonstrated applicant's vision unsuitable for job. Respondent notified applicant would be terminated for vision deficiency. Respondent intended to offer applicant new job but applicant interpreted notice as termination. Respondent subsequently offered applicant new job in different role. Applicant submitted subject to unlawful termination by respondent under (CTH) Industrial Relations Act 1988 (CIRA) s 170EA. Submitted termination breached term in employment contract guaranteeing three years' employment under contract. Submitted termination harsh, oppressive and unfair as prohibited by (WA) Industrial Relations Act 1979 (WIRA). Sought reinstatement or compensation under CIRA or WIRA. Respondent submitted applicant not terminated, merely transferred. Established applicant not terminated for purposes of CIRA. Employment relationship continued between parties without interruption. No harm suffered by applicant due to change. Federal Court of Australia unable to award remedies under WIRA. Applicant's only right under WIRA to bring claim for dismissal to Western Australian Industrial Relations Commission, per WIRA s 23. Established no breach of employment contract by respondent. No express or implied term of sort claimed by applicant in contract. Application dismissed.