Chippington v Sterling Software (Pacific) Pty Ltd & anor [2001] NSWIRComm 17

Industrial Relations Commission of New South Wales in Court Session

CITATION : Chippington v Sterling Software (Pacific) Pty Ltd & anor [2001] NSWIRComm 17 Applicant: Raymond John Chippington PARTIES : Respondent: Sterling Software (Pacific) Pty Ltd FILE NUMBER: 2300 of 2000 CORAM: Maidment J Application under s.106. CATCHWORDS : Contract of employment - retrenchment - appropriate period of notice/termination pay - calculation of termination pay - inclusion of commission, superannuation and vehicle allowance. LEGISLATION CITED : Employment Protection Act 1982 Workplace Relations Act (Cth) 1996 HEARING DATES: 11/27/2000; 12/04/2000; 12/05/2000 DATE OF JUDGMENT: 03/07/2001

Applicant: Ms P Lowson of counsel Solicitors: Spooner & Hall LEGAL REPRESENTATIVES: Respondent: Mr B Hodgkinson of counsel Solicitors: Clayton Utz

JUDGMENT:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION

CORAM: MAIDMENT J DATE: 7 MARCH 2001

Matter No. IRC2300 of 2000 RAYMOND JOHN CHIPPINGTON v STERLING SOFTWARE (PACIFIC) PTY LTD Application unders.106 of the Industrial Relations Act 1996

JUDGMENT

1 Raymond John Chippington commenced employment with Sterling Software (Pacific) Pty Ltd ("Sterling Software") as Senior Account Manager on 9 March 1992. In February 2000 Computer Associates Pty Ltd ("Computer Associates") acquired Sterling Software. On 26 April 2000 Mr Chippington was advised that he was redundant. He brings a claim under s.106 of the Industrial Relations Act 1996 on the basis that the payment he was offered upon termination was insufficient. Both Sterling Software and Computer Associates are respondents. Mr Chippington is 51 years of age.