Cameron v Pashley [2004] NFSC 4

SUPREME COURT OF NORFOLK ISLAND

Cameron v Pashley [2004] NFSC 4 EMPLOYMENT – Appeal from decision of Employment Tribunal – Appeal limited to matters of law – Claim for payment in lieu of notice – Identification of contract of employment under which employees were working at date of termination – Breach of that contract in relation to termination – Computation of damages payable to employees – Whether employees were entitled to annual leave entitlements.

Employment Act 1988 (NI) ss 15, 19, 21, 91, 92 JULIAN JAMES CAMERON and SUZANNE LOUISE CAMERON v ANDREW PAUL PASHLEY, JAMES PATRICK FARRELL and NICOLA MEGAN HAYDEN SC 2 of 2004 WILCOX ACJ 9 NOVEMBER 2004 SYDNEY (BY TELEPHONE LINK TO NORFOLK ISLAND)

IN THE SUPREME COURT

OF NORFOLK ISLAND SC 2 of 2004

BETWEEN: JULIAN JAMES CAMERON

FIRST APPELLANT

SUZANNE LOUISE CAMERON

SECOND APPELLANT

AND: ANDREW PAUL PASHLEY

FIRST RESPONDENT

JAMES PATRICK FARRELL

SECOND RESPONDENT

NICOLA MEGAN HAYDEN

THIRD RESPONDENT JUDGE: WILCOX ACJ

DATE OF ORDER: 9 NOVEMBER 2004

WHERE MADE: SYDNEY (BY TELEPHONE LINK TO NORFOLK ISLAND)

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The cross-appeal be allowed. 3. The orders made by the Employment Tribunal on 15 March 2004 be set aside and, in lieu thereof, it be ordered that, within 14 days of this date, the appellants, Julian James Cameron and Suzanne Louise Cameron, pay to: (a) the first respondent, Andrew Paul Pashley, the sum of $1,316.48; (b) the second respondent, James Patrick Farrell, the sum of $791.18; and (c) the third respondent, Nicola Megan Hayden, the sum of $1,093.30.

IN THE SUPREME COURT

OF NORFOLK ISLAND SC 2 of 2004