Furey v Civil Service Association of WA (Inc) [1999] FCA 1492

FEDERAL COURT OF AUSTRALIA

Furey v Civil Service Association of WA (Inc) [1999] FCA 1492

INDUSTRIAL LAW – termination of employment – "required amount of compensation instead of notice" - effect of ex gratia payment at time of termination – whether ex gratia payment should be taken into account in calculating required amount of compensation instead of notice – whether superannuation levy payable by employer to be included in calculation of such compensation – quantification of damages.

Workplace Relations Act 1996, ss 170CM, 170CR(4)

Pacific Publications Pty Ltd v Cantlon (1983) 4 IR 415 distinguished

Poletti v Ecob (No 2) (1989) 31 IR 321 distinguished

Black v Brimbank City Council (1998) 152 ALR 491 considered and applied

Comcare v Fyfe [1999] FCA 1368 (Finn J) considered

FRANK GEORGE FUREY v CIVIL SERVICE ASSOCIATION OF WA (INC)

WAG 82 of 1997

CARR J

29 OCTOBER 1999

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 82 OF 1997

BETWEEN: FRANK GEORGE FUREY

Applicant

AND: CIVIL SERVICE ASSOCIATION OF WA (INC)

Respondent

JUDGE: CARR J

DATE OF ORDER: 29 OCTOBER 1999

WHERE MADE: PERTH

THE COURT ORDERS AND DECLARES THAT:

1. The orders made by the Judicial Registrar on 19 June 1998 be set aside.

2. When the respondent terminated the applicant's employment on 19 May 1997 it contravened s 170CM of the Workplace Relations Act 1996 by failing to make full payment of the required amount of compensation referred to therein.

3. The applicant is to pay the following portions of the respondent's costs of the motion filed 10 July 1998:

(a) those relating to so much of the proceedings as related to his claim based on s 170CK(e) of the abovementioned Act; and