Madden v Electromagnetic Spectrum Pty Limited and Others [2006] NSWIRComm 354

Madden v Electromagnetic Spectrum Pty Limited and Others [2006] NSWIRComm 354

The contract of employment was unfair within s 106 because it failed to make provision for payment in the event of summary termination under clause 10(a), and because it failed to make provision for adequate redundancy or severance payments to the applicant upon termination.

Jurisdiction
Australia
Judgment Date
07 November 2006
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 / Ex Parte Judgment
Outcome
Application granted; contract declared unfair and void (except as to monies paid); monetary orders and costs awarded in applicant's favour.
Legal Topics
['unfair Contract' 'contract of Employment' 'summary Termination' 'redundancy' 'severance Pay' 'superannuation Contributions' 'annual Leave Entitlements']
['employment Law' 'industrial Law'] ['unfair Contract' 'contract of Employment' 'summary Termination' 'redundancy' 'severance Pay' 'superannuation Contributions' 'annual Leave Entitlements']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether contract was unfair under s 106 of the Industrial Relations Act 1996' 'Whether contract failed to make adequate provision for age and retirement' 'Whether contract failed to make provision for redundancy or severance pay']

Ratio Decidendi

The contract of employment was unfair within s 106 because it failed to make provision for payment in the event of summary termination under clause 10(a), and because it failed to make provision for adequate redundancy or severance payments to the applicant upon termination.

Court Disposition

Application granted; contract declared unfair and void (except as to monies paid); monetary orders and costs awarded in applicant's favour.

Orders

  • ['The contract of employment dated 17 July 2000 is declared unfair.' 'The contract of employment dated 17 July 2000 is declared wholly void from its inception except to the extent of any monies paid to the applicant.' 'First, second and third respondents shall jointly and severally pay to the applicant a lump sum...