Danks v. Anndak Formwork Pty Limited [2008] NSWIRComm 1029

Danks v. Anndak Formwork Pty Limited [2008] NSWIRComm 1029

Where a party fails to comply with a clear deed of release for monetary settlement and has had proper notice, orders for payment may be made ex parte to remedy the outstanding amounts.

Jurisdiction
Australia
Judgment Date
03 April 2008
Procedural Posture
Industrial Relation Claim / Ex Parte Hearing and Final Orders
Outcome
order for payment
Legal Topics
['victimisation of Apprentice' 'settlement Agreement' 'deed of Release' 'failure to Comply With Settlement' 'redundancy Pay' 'superannuation']
['industrial Relations'] ['victimisation of Apprentice' 'settlement Agreement' 'deed of Release' 'failure to Comply With Settlement' 'redundancy Pay' 'superannuation']

Case Brief

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Procedural Posture

Industrial Relation Claim / Ex Parte Hearing and Final Orders

Legal Issues

  1. 1 ['Whether Anndak Formwork Pty Limited victimised Mr Shane Danks for union membership and claimed entitlements' 'Whether employer complied with the terms of the deed of release' 'What monetary relief is owed under the deed']

Ratio Decidendi

Where a party fails to comply with a clear deed of release for monetary settlement and has had proper notice, orders for payment may be made ex parte to remedy the outstanding amounts.

Court Disposition

order for payment

Orders

  • ['Anndak Formwork Pty Limited shall pay to Mr Shane Danks the sum of $5,000.00 within 14 days.' 'This order shall take effect on and from Thursday, 3 April, 2008.']