Kate McNamara & anor v Eaternity Pty Ltd & anor [2005] NSWIRComm 460

Kate McNamara & anor v Eaternity Pty Ltd & anor [2005] NSWIRComm 460

Both applicants were made redundant without provision for reasonable redundancy payments, statutory entitlements, and superannuation contributions; the contracts of employment were thus unfair and voided under s 106 of the Industrial Relations Act 1996. The second respondent, though not a contractual party, was sufficiently connected to be liable for the payments.

Jurisdiction
Australia
Judgment Date
13 December 2005
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 / Ex Parte Final Judgment
Outcome
Applications granted in part. Employment contracts declared void ab initio except as to monies paid; monetary orders made against the second respondent for redundancy, outstanding leave, leave loading, superannuation, interest and costs.
Legal Topics
['unfair Contracts' 'employment Termination' 'redundancy Payments' 'statutory Entitlements' 'superannuation' 'notice of Termination' 'party Liability for Employment Debts' 'void Contracts']
['industrial Law'] ['unfair Contracts' 'employment Termination' 'redundancy Payments' 'statutory Entitlements' 'superannuation' 'notice of Termination' 'party Liability for Employment Debts' 'void Contracts']

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Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996 / Ex Parte Final Judgment

Legal Issues

  1. 1 ['Whether the contracts or arrangements under which the applicants were employed were unfair for failure to provide sufficient notice of termination and redundancy payments' 'Whether the applicants are entitled to statutory entitlements and superannuation contributions not paid upon termination' 'Whether relief is available against the second respondent who was not a contracting party']

Ratio Decidendi

Both applicants were made redundant without provision for reasonable redundancy payments, statutory entitlements, and superannuation contributions; the contracts of employment were thus unfair and voided under s 106 of the Industrial Relations Act 1996. The second respondent, though not a contractual party, was sufficiently connected to be liable for the payments.

Court Disposition

Applications granted in part. Employment contracts declared void ab initio except as to monies paid; monetary orders made against the second respondent for redundancy, outstanding leave, leave loading, superannuation, interest and costs.

Orders

  • ['Contract of employment with each applicant declared wholly void except as to monies paid.' 'Second respondent to pay Kate McNamara: $6,712.70 (redundancy), $5,400 (annual leave), $945 (leave loading), $2,667 (superannuation) within 28 days.' 'Second respondent to pay Phillipe Morin: $13,962.41 (redundancy),...