NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Steven Squires v Powerlan Ltd and anor. [2005] NSWIRComm 354
APPLICANT: Steven Squires PARTIES: DEFENDANTS: Powerlan Ltd and Powerlan Resources Pty Ltd
FILE NUMBER(S): IRC 5580 of 2002
CATCHWORDS: Unfair contract - Industrial Relations Act 1996 - s 106 - transfer of senior manager to purchasing company - redundancy - no contractual provision providing notice and severance pay in circumstances of redundancy - manager subsequently dismissed for misconduct/repudiation of contract during period of notice - one month paid as notice - respondents argue misconduct/repudiation operate to disqualify manager from any redundancy benefits - redundancy of manager held to warrant six months' notice and 17.5 weeks' severance pay - notice reduced to four months on application of principle of mitigation - manager's actions not misconduct/repudiation of contract such as to disqualify manager from additional payments because of redundancy - orders to be prepared reflecting findings of Commission.
Bostik (Aust) Pty Ltd v Gorgevski (No 1) (1992) 36 FCR 20 English v Aradlay Insurance Brokers Pty Ltd [2005] NSWIRComm 253 Gala v State Bank of New South Wales Ltd (No 2) (1998) 84 IR 216 CASES CITED: Truth and Sportsman Ltd v Molesworth [1956] AR NSW 924 Westfield Holdings v Adams [2001] 114 IR 241 Yetton v Eastwoods Troy Ltd [1967] 1WLR 104
HEARING DATES: 09/12/2005; 09/13/2005; 09/15/2005
DATE OF JUDGMENT: 10/05/2005
APPLICANT: Mr D Chin of counsel SOLICITORS: Phillips Fox LEGAL REPRESENTATIVES:
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