Anno Domini 2000 Pty Ltd v Staples Australia Pty Ltd [2018] NSWIRComm 1032

Anno Domini 2000 Pty Ltd v Staples Australia Pty Ltd [2018] NSWIRComm 1032

Anno Domini 2000 Pty Ltd was in material breach of its agreement because Mr Paine consciously withdrew services, ignored repeated warnings and directions, and the contractual dispute procedure was not escalated. However, balancing all circumstances, including Mr Paine's length of service, the residential delivery...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 May 2018
Procedural Posture
Application Pursuant to S 314 of the Industrial Relations Act 1996 (nsw) Concerning Termination of a Contract of Carriage / Principal Judgment After Hearing
Outcome
Termination found unfair; compensation ordered; matter concluded.
Legal Topics
['reinstatement of Contract' 'compensation for Termination of Contract of Carriage' 'owner Drivers' 'material Breach of Independent Contractor Agreement' 'industrial Action' 'unfair Termination']
['industrial Relations' 'contract of Carriage' 'transport Industry'] ['reinstatement of Contract' 'compensation for Termination of Contract of Carriage' 'owner Drivers' 'material Breach of Independent Contractor Agreement' 'industrial Action' 'unfair Termination']

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Procedural Posture

Application Pursuant to S 314 of the Industrial Relations Act 1996 (nsw) Concerning Termination of a Contract of Carriage / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the Commission should exercise jurisdiction under s 314 of the Industrial Relations Act 1996 (NSW) in relation to the terminated contract of carriage.' "Whether the termination of Anno Domini 2000 Pty Ltd's agreement with Staples Australia Pty Ltd was unfair despite a material breach by the carrier." 'Whether reinstatement was practicable or compensation should be ordered.' "How compensation should be assessed having regard to the carrier's conduct and mitigation."]

Ratio Decidendi

Anno Domini 2000 Pty Ltd was in material breach of its agreement because Mr Paine consciously withdrew services, ignored repeated warnings and directions, and the contractual dispute procedure was not escalated. However, balancing all circumstances, including Mr Paine's length of service, the residential delivery grievances, the respondent's selective invitations to some drivers to renegotiate and lack of explanation for not approaching Mr Paine, the termination was unfair. Reinstatement was not ordered; compensation was awarded, reduced to reflect Mr Paine's conduct and failure to mitigate by not pursuing the opportunity to contact Mr Barlow about a new contract.

Court Disposition

Termination found unfair; compensation ordered; matter concluded.

Orders

  • ["Staples Australia Pty Ltd shall pay to Mr Richard Victor Paine a sum equivalent to four weeks' pay calculated on the basis of the weekly wage allocated to him by Anno Domini 2000 Pty Ltd." "The payment is to be made within 14 days of today's date." 'Matter No 2016/128950 is hereby concluded.']