AVIRONE PTY LTD v PIRRIE and ANOR [1996] NSWCA 35

AVIRONE PTY LTD v PIRRIE and ANOR [1996] NSWCA 35

The Court held that by remaining in employment after the new terms were communicated, the respondent accepted the varied contractual terms. As the contract required one year of satisfactory performance for entitlement to the $30,000 payment and this did not occur, the respondent was not entitled to that sum.

Parties
Appellant: Avirone Pty Ltd; Respondent: Kenneth Fair Pirrie; Respondent: Kenneth Pirrie (Marketing) Pty Ltd
Jurisdiction
Australia
Judgment Date
05 February 1996
Procedural Posture
Appeal / Judgment
Outcome
appeal upheld
Legal Topics
Wrongful Dismissal, Variation of Contract, Acceptance of Offer, Breach of Employment Contract
Contract Law Employment Law Wrongful Dismissal Variation of Contract Acceptance of Offer Breach of Employment Contract

Case Brief

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Parties

Avirone Pty Ltd

Appellant

Kenneth Fair Pirrie

Respondent

Kenneth Pirrie (Marketing) Pty Ltd

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether continued employment after receipt of new contractual terms constituted acceptance of variation of contract
  2. 2 Whether the respondent was entitled to the $30,000 performance payment upon termination
  3. 3 Whether the contract of employment was wrongfully terminated

Ratio Decidendi

The Court held that by remaining in employment after the new terms were communicated, the respondent accepted the varied contractual terms. As the contract required one year of satisfactory performance for entitlement to the $30,000 payment and this did not occur, the respondent was not entitled to that sum.

Court Disposition

appeal upheld

Orders

  • Verdict below set aside.
  • Judgment entered for the plaintiff in the sum of $6,086.33 including interest (interest to be agreed between the parties).