Peter Willis v Health Communications Network Ltd [2007] NSWCA 313

Reported Decision: 167 IR 425

New South Wales Court of Appeal

CITATION: Peter Willis v Health Communications Network Ltd [2007] NSWCA 313

HEARING DATE(S): 8 October 2007

JUDGMENT DATE: 6 November 2007

JUDGMENT OF: Mason P at 1; Tobias JA at 2; McColl JA at 87

DECISION: Parties directed to file written submissions within 14 days of the date of this judgment on; 1) the costs of the appeal; 2) the costs of litigating the superannuation issue in the District Court; 3) whether any such costs should be paid on an indemnity basis

CATCHWORDS: EMPLOYMENT LAW – Termination of employment – Whether payment in lieu of notice should include superannuation that would otherwise have been due for notice period - EMPLOYMENT LAW – Contract of employment – Whether unpublished redundancy policy impliedly incorporated into contract of employment by law - – Whether unpublished redundancy policy impliedly incorporated into contract of employment by custom - PRACTICE AND PROCEDURE – Court of Appeal – Whether supplementary submissions filed after hearing without leave can be taken into account

LEGISLATION CITED: Superannuation Guarantee (Administration) Act 1992 (Cth)

Alexander v Standard Telephones & Cables Ltd [1991] IRLR 286 BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Carr v Finance Corporation of Australia Ltd [No 1] (1981) 147 CLR 246 Codelfa Constructions Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 Chapmann v Caska [2005] NSWCA 113 CASES CITED: Con-Stan Industries of Australia Pty Ltd v Norwich Winterthur (Australia) Ltd (1986) 160 CLR 226 In the matter of an application by the Chief Commissioner of Police (Vic) [2005] HCA 18; (2005) 79 ALJR 881 Dwyer v Commonwealth of Australia (1995) 31 ATR 48 Kirwan v Cresvale Far East Ltd (In liq) [2002] NSWCA 395 Liverpool City Council v Irwin [1977] AC 239 Reynolds v Southcorp Wines Pty Ltd [2002] FCA 712; (2002) 122 FCR 301 Riverwood International Australia Pty Ltd v McCormick [2000] FCA 889; (2000) 177 ALR 193 Scally v Southern Health & Social Services Board [1992] 1 AC 294