Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Employsure Pty Ltd v Gorval (No 1) [2016] FCA 422 Appeal from: Gorval v Employsure Pty Ltd [2016] FCCA 231
File number: NSD 464 of 2016
Judge: PERRAM J
Date of judgment: 19 April 2016
Cases cited: Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221
Date of hearing: 19 April 2016
Registry: New South Wales
Division: General Division
National Practice Area: Employment and Industrial Relations
Category: No Catchwords
Number of paragraphs: 10
Counsel for the Appellant: Mr D Mahendra
Solicitor for the Appellant: Wotton + Kearney
Counsel for the Respondent: The Respondent appeared in person
ORDERS NSD 464 of 2016
BETWEEN: EMPLOYSURE PTY LIMITED Appellant
AND: SERGEY GORVAL Respondent
JUDGE: PERRAM J DATE OF ORDER: 19 APRIL 2016
THE COURT ORDERS THAT:
1. Orders 1 and 2 in SYG2524/2015 be stayed until the expiration of 28 days after determination of the appeal. 2. The matter be fixed for hearing on a date to be determined with an estimate of half a day. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
PERRAM J: 1 The question which arises is whether orders made by the Federal Circuit Court on 18 March 2016 should be stayed. The respondent to the application, Mr Gorval, commenced a proceeding in the Federal Circuit Court, Gorval v Employsure Pty Limited, in 2015. In that proceeding, he sought relief in relation to his employment relationship with Employsure. There were related proceedings before the Fair Work Commission relating to general protections. 2 A number of issues were canvassed in the Federal Circuit Court proceeding, but for present purposes only two are material. The first of these is Mr Gorval's claim for a bonus payment under his contract of employment, and the second is his claim for back payment of wages. In respect of both of those matters the Federal Circuit Court determined that he was entitled to succeed and in consequence it made orders in his favour as follows: 1. Within 28 days, the Respondent pay to Sergey Gorval the sum of $2,700. 2. Within 28 days, the Respondent pay to Sergey Gorval an amount calculated as follows: 5000 365 x 'y' less relevant PAYG deduction
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