Campbell v Encyclopaedia Britannica Australia Ltd [2008] NSWSC 1178

Campbell v Encyclopaedia Britannica Australia Ltd [2008] NSWSC 1178

The contract appointing the plaintiff as General Manager/Managing Director did not incorporate the earlier three-month termination provision and was silent as to termination other than by redundancy, so reasonable notice was implied and was nine months in the circumstances. In any event, the defendant made the plaintiff's dual role redundant by deciding that one person should no longer hold both positions and by redistributing the duties, so the plaintiff was entitled to the balance of the contractual redundancy package.

Jurisdiction
Australia
Judgment Date
11 November 2008
Procedural Posture
Claim for Damages for Breach of Contract Arising From Termination of Employment / Principal Judgment After Hearing
Outcome
Plaintiff entitled to recover the balance of the redundancy package; plaintiff entitled to nine months notice.
Legal Topics
['contract of Employment' 'termination of Employment' 'reasonable Notice' 'redundancy' 'construction of Contract']
['contract' 'employment Law'] ['contract of Employment' 'termination of Employment' 'reasonable Notice' 'redundancy' 'construction of Contract']

Case Brief

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Procedural Posture

Claim for Damages for Breach of Contract Arising From Termination of Employment / Principal Judgment After Hearing

Legal Issues

  1. 1 ["Whether the plaintiff's contract of employment as General Manager/Managing Director included a term permitting termination without cause on three months notice." 'What period of notice was reasonable if no express notice term applied.' "Whether the termination of the plaintiff's employment was a redundancy."]

Ratio Decidendi

The contract appointing the plaintiff as General Manager/Managing Director did not incorporate the earlier three-month termination provision and was silent as to termination other than by redundancy, so reasonable notice was implied and was nine months in the circumstances. In any event, the defendant made the plaintiff's dual role redundant by deciding that one person should no longer hold both positions and by redistributing the duties, so the plaintiff was entitled to the balance of the contractual redundancy package.

Court Disposition

Plaintiff entitled to recover the balance of the redundancy package; plaintiff entitled to nine months notice.

Orders

  • ['The parties are to bring in short minutes of order together with an agreed costs order.' 'The matter is listed at 9.15 on 14 November 2008 for the filing of short minutes and any costs argument if the parties are unable to otherwise agree.']