Kagan and Primus Telecommunications (Aust) Pty Ltd (No 2) [2000] NSWIRComm 185

Industrial Relations Commission of New South Wales

CITATION : Kagan and Primus Telecommunications (Aust) Pty Ltd (No 2) [2000] NSWIRComm 185 APPELLANT Ronald Kagan PARTIES : RESPONDENT Primus Telecommunications (Aust) Pty Limited FILE NUMBER: IRC 2279 of 2000 CORAM: Wright J President; Harrison DP; Redman C Unfair dismissal - Whether employee's "remuneration" exceeded statutory limit - Appeal from decision of Commissioner holding that statutory limit exceeded - Employee's salary package covered business use of his private motor vehicle - Whether such usage was to be taken into account in assessing remuneration - Leave to appeal granted - Appeal upheld.

Appeal - Application for leave to appeal - Unfair dismissal - Whether employee's "remuneration" exceeded statutory limit - Appeal from decision of Commissioner holding that statutory limit exceeded - Employee's salary package covered business use of his private motor vehicle - Whether such usage was to be taken into account in assessing remuneration - Leave to appeal granted - Appeal upheld. CATCHWORDS : Practice and procedure - Facility provided in Industrial Relations Commission Rules to use affidavit without deponent present to give evidence.

Words and phrases - "remuneration". County Districts Reconstitution Act 1979 s 7(1) LEGISLATION CITED : Industrial Relations Act 1996 s 83(1)(b) Industrial Relations Commission Rules 1996 r 120 and r 122 Higgins v Prospect County Council (1983) 3 IR 471 McBlane v National Transport Insurance Limited (1997) 77 IR 185 CASES CITED : Schmidt and Paino Holdings Pty Limited (unreported, Sams DP, 5 February 1999) Shead v Summit Western Pty Ltd t/a Blacktown Mitsubishi (1998) 81 IR 347 Simmonds v Pongrass Furniture Pty Limited (1997) 74 IR 443 Talbot and Rostcom Pty Ltd (unreported, Sams DP, 2 September 1999) HEARING DATES: 09/06/2000 DATE OF JUDGMENT: 09/15/2000