Cohen v iSoft Group Pty Limited [2012] FCA 1071

FEDERAL COURT OF AUSTRALIA

Cohen v iSoft Group Pty Limited [2012] FCA 1071 Citation: Cohen v iSoft Group Pty Limited [2012] FCA 1071

Parties: BRIAN COHEN v ISOFT GROUP PTY LIMITED (ACN 063 539 702) and ISOFT HEALTH (ASIA) PTE LIMITED (A COMPANY REGISTERED IN SINGAPORE - COMPANY NO 199905436Z)

File number: NSD 1764 of 2011

Judge: FLICK J

Date of judgment: 28 September 2012

Catchwords: CONTRACTS – construction – identification of parties – objective approach – significance of execution by parties – significance of execution in manner provided for by law CONTRACTS – abandonment or abrogation – regard to be had to conduct of parties – whether extrinsic evidence admissible to prove abandonment or abrogation – expiration of fixed term – whether conduct of parties evidenced intention to continue contract CONTRACTS – employment – secondment agreements – whether agreement preserves original or "underlying" contract of employment CONTRACTS – employment – termination – notice – "reasonableness" of notice given in absence of term provided for by contract – factors relevant to assessment CONTRACTS – employment – terms – implied term of mutual trust and confidence INDUSTRIAL LAW – overseas employment – operation of Fair Work Act 2009 (Cth) – whether Fair Work Act applicable to Australian engaged in employment outside Australian territory INDUSTRIAL LAW – long service leave – entitlement to – operation of Long Service Leave Act 1955 (NSW) – whether Act capable of applying to worker engaged in service outside New South Wales – requisite degree of connection with the state