Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bruce v AWB Ltd [2000] FCA 1281
EMPLOYMENT ‑ Wrongful dismissal ‑ Measure of damages ‑ Employment for period ending on fixed date ‑ Employer empowered to terminate employment on nine months notice ‑ Construction of termination provision ‑ Employment terminated without notice ‑ Whether damages limited to nine months wages or wages for balance of term. Bostik (Australia) Pty Ltd v Gorgevski (No 1) (1992) 36 FCR 20 applied Martin v Tasmania Development and Resources (1999) 163 ALR 79 distinguished Tasmania Development and Resources v Martin [2000] FCA 414 cited Andersen v Umbakumba Community Council (1994) 126 ALR 121 applied GARY BRUCE v AWB LIMITED VG 654 OF 1998 SUNDBERG J 11 SEPTEMBER 2000 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 654 OF 1998
BETWEEN: GARY BRUCE
APPLICANT
AND: AWB LIMITED
RESPONDENT
JUDGE: SUNDBERG J
DATE OF ORDER: 11 SEPTEMBER 2000
WHERE MADE: MELBOURNE
THE COURT DECLARES THAT damages are to be assessed on the basis that the respondent was entitled to terminate the applicant's employment on giving nine months notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 654 OF 1998
BETWEEN: GARY BRUCE
APPLICANT
AND: AWB LIMITED
RESPONDENT
JUDGE: SUNDBERG J
DATE: 11 SEPTEMBER 2000
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 The applicant brought an action against the respondent alleging breach of a contract of employment and in the alternative misleading and deceptive conduct in the preparation of the contract. On 10 May 2000 I declared that the applicant was entitled to damages for wrongful dismissal, and ordered that the quantum of damages be assessed by a Deputy Registrar in default of agreement. The parties have disagreed about the appropriate legal principles to be applied in determining the quantum of damages, and the Registrar has directed the parties to make written submissions to me on that question. 2 The applicant and officers of the respondent signed an "Agreement of Employment" on 1 February 1994. Clause 1 provides that the contract "shall be for a period concluding on 30 June 1998". Clause 8 deals with termination. It provides:
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