Commander Australia Limited v Kerr [2004] NSWIRComm 74

Commander Australia Limited v Kerr [2004] NSWIRComm 74

A remuneration package for purposes of s 108A is determined according to what is paid or received (or payable or receivable) in the 12 months preceding termination; incentive payments actually paid within this period are included in the remuneration package, regardless of the period the payment refers to.

Jurisdiction
Australia
Judgment Date
08 April 2004
Procedural Posture
Appeal / Application for Leave to Appeal and Appeal Against Interlocutory Judgment
Outcome
Leave to appeal granted; appeal upheld; orders at first instance set aside.
Legal Topics
['unfair Contract' 'jurisdictional Limit Under S 108 A' 'statutory Interpretation']
['industrial Relations'] ['unfair Contract' 'jurisdictional Limit Under S 108 A' 'statutory Interpretation']

Case Brief

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Procedural Posture

Appeal / Application for Leave to Appeal and Appeal Against Interlocutory Judgment

Legal Issues

  1. 1 ['Whether incentive payment paid during 12 months prior to termination is part of remuneration package under s 108A' 'Proper construction and interpretation of s 108A of the Industrial Relations Act 1996']

Ratio Decidendi

A remuneration package for purposes of s 108A is determined according to what is paid or received (or payable or receivable) in the 12 months preceding termination; incentive payments actually paid within this period are included in the remuneration package, regardless of the period the payment refers to.

Court Disposition

Leave to appeal granted; appeal upheld; orders at first instance set aside.

Orders

  • ['Leave to appeal is granted.' 'Appeal is upheld.' 'Orders made by Glynn J on 1 August 2003 are set aside.' 'Order made in terms of the first order sought in the motion filed by the appellant in the proceedings at first instance.' 'Liberty to apply in respect of any other orders necessary to conclude the proceedings...