Compass Group (Australia) Pty Ltd v Sales [2012] FCA 1406

Compass Group (Australia) Pty Ltd v Sales [2012] FCA 1406

Upon the appeal being allowed, the appellant is entitled as of right to repayment of monies paid under the overturned judgment at first instance, irrespective of whether the appeal judgment finally determines the substantive dispute.

Parties
Appellant: Compass Group (Australia) Pty Ltd; Respondent: Meegan Sales
Jurisdiction
Australia
Judgment Date
13 December 2012
Procedural Posture
Appeal / Post Appeal Judgment
Outcome
appeal allowed; order for repayment of monies
Legal Topics
Redundancy Pay, Repayment of Monies, Appeal Rights, Industrial Relations
Employment Law Practice and Procedure Redundancy Pay Repayment of Monies Appeal Rights Industrial Relations

Case Brief

Summary, issues, holding and outcome

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Parties

Compass Group (Australia) Pty Ltd

Appellant

Meegan Sales

Respondent

Procedural Posture

Appeal / Post Appeal Judgment

Legal Issues

  1. 1 Whether respondent was entitled to redundancy pay under Fair Work Act 1994 (SA) and South Australian Minimum Standards for Severance Payments Case 2006
  2. 2 Whether service prior to 1 January 2010 should be included in redundancy calculations
  3. 3 Entitlement to repayment of money paid under overturned judgment

Ratio Decidendi

Upon the appeal being allowed, the appellant is entitled as of right to repayment of monies paid under the overturned judgment at first instance, irrespective of whether the appeal judgment finally determines the substantive dispute.

Court Disposition

appeal allowed; order for repayment of monies

Orders

  • Appellant's Notice of Appeal amended nunc pro tunc to include repayment claim.
  • Respondent to pay appellant $11,305.30 within 28 days.