Cohen v iSoft Group Pty Limited [2012] FCA 1071

Cohen v iSoft Group Pty Limited [2012] FCA 1071

Dr Cohen was not employed by the First Respondent at the date of termination; the effect of the secondment agreements and the evidence is that he became employed by IBA Health (Asia) Pte Ltd. Therefore, the applicant's claims against the First Respondent for contractual benefits, notice, redundancy, long service leave, and statutory claims fail.

Parties
Applicant: Brian Cohen; First Respondent: iSoft Group Pty Limited (ACN 063 539 702); Second Respondent: iSoft Health (Asia) Pte Limited (Company No 199905436Z)
Jurisdiction
Australia
Judgment Date
28 September 2012
Procedural Posture
Originating Application (employment/contract) / Final Judgment (reasons and Orders Pending Final Orders)
Outcome
All substantive claims against the First Respondent dismissed; parties to bring short minutes of orders to give effect to reasons.
Legal Topics
Construction of Employment Contracts, Identification of Employer, Secondment Agreements, Termination of Employment, Notice Period, Implied Terms – Mutual Trust and Confidence, Redundancy, Long Service Leave, Fair Work Act Extraterritorial Application
Contract Law Employment Law Industrial Law Construction of Employment Contracts Identification of Employer Secondment Agreements Termination of Employment Notice Period +4 more

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Parties

Brian Cohen

Applicant

iSoft Group Pty Limited (ACN 063 539 702)

First Respondent

iSoft Health (Asia) Pte Limited (Company No 199905436Z)

Second Respondent

Procedural Posture

Originating Application (employment/contract) / Final Judgment (reasons and Orders Pending Final Orders)

Legal Issues

  1. 1 Was the applicant employed by the First Respondent at the date of termination?
  2. 2 Did the 2000 Agreement govern the employment relationship at termination?
  3. 3 Should secondment agreements be rectified to reflect the intended employer?

Ratio Decidendi

Dr Cohen was not employed by the First Respondent at the date of termination; the effect of the secondment agreements and the evidence is that he became employed by IBA Health (Asia) Pte Ltd. Therefore, the applicant's claims against the First Respondent for contractual benefits, notice, redundancy, long service leave, and statutory claims fail.

Court Disposition

All substantive claims against the First Respondent dismissed; parties to bring short minutes of orders to give effect to reasons.

Orders

  • The parties are to bring in Short Minutes of Orders giving effect to these reasons on or before 12 October 2012.