UGL Rail Services Pty Limited v Janik [2014] NSWCA 436

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: UGL Rail Services Pty Limited v Janik [2014] NSWCA 436 Hearing dates: 30, 31 October 2014 Decision date: 19 December 2014 Before: Emmett JA at [1]; Sackville AJA at [13]; Adamson J at [196] Decision: 1. Appeal allowed. 2. Set aside the orders made by the primary Judge on 18 December 2013. 3. In lieu of the orders referred to in Order 2, order judgment for the defendant. 4. Cross-appeal dismissed. 5. Set aside the orders made by the primary Judge on 11 March 2014. 6. In lieu of the orders referred to in Order 5, order that the plaintiff pay the defendant's costs of the proceedings. 7. Order the respondent/cross-appellant pay the appellant/cross-respondent's costs of both the appeal and the cross-appeal. 8. The respondent, if otherwise qualified, have a certificate under the Suitors' Fund Act 1951 (NSW) in respect of the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: EMPLOYMENT - contract of employment - redundancy - meaning of "redundant" in context of respondent's employment contract - whether respondent's role had been effectively emptied of its duties and abolished - evidence of differences in duties performed by respondent and apparent successor not sufficient to render respondent's role redundant - finding of redundancy by the primary judge not supported by evidence