David Huddlestone v QBE Management Services Pty Ltd [2007] NSWIRComm 53

David Huddlestone v QBE Management Services Pty Ltd [2007] NSWIRComm 53

The applicant did not discharge the burden of proving that his employment contract was extended to include a 12 month unpaid sabbatical and a right to return as Portfolio Manager in June 2005. His employment ended on or about 18 June 2004 by his own resignation. Even on the applicant's asserted sabbatical case, the respondent would have given 12 months' notice of termination, so the notice-based unfairness claim failed. The profit share incentive scheme was not shown to be unfair as applied to an employee who voluntarily left in June 2004 and was not employed when bonus entitlement was calculated and paid. The summons was therefore dismissed.

Jurisdiction
Australia
Judgment Date
23 March 2007
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 Alleging an Unfair Contract / Judgment After Hearing
Outcome
Summons dismissed; applicant ordered to pay respondent's costs; security for costs released to respondent's solicitors in partial satisfaction of the costs order.
Legal Topics
['termination of Employment' 'resignation' 'unpaid Sabbatical' 'payment in Lieu of Notice' 'bonus Entitlement' 'costs']
['industrial Relations' 'employment Law' 'unfair Contracts'] ['termination of Employment' 'resignation' 'unpaid Sabbatical' 'payment in Lieu of Notice' 'bonus Entitlement' 'costs']

Case Brief

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Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996 Alleging an Unfair Contract / Judgment After Hearing

Legal Issues

  1. 1 ["Whether the applicant and respondent agreed that the applicant's employment would continue while he took a 12 month unpaid sabbatical and returned as Portfolio Manager in June 2005." "Whether the applicant's contract of employment was unfair because it allowed termination without payment in lieu of notice or compensation." 'Whether the applicant was entitled to a bonus for 2003 or a pro rata annual bonus for 2004.' 'Whether the respondent should receive costs and release of security for costs.']

Ratio Decidendi

The applicant did not discharge the burden of proving that his employment contract was extended to include a 12 month unpaid sabbatical and a right to return as Portfolio Manager in June 2005. His employment ended on or about 18 June 2004 by his own resignation. Even on the applicant's asserted sabbatical case, the respondent would have given 12 months' notice of termination, so the notice-based unfairness claim failed. The profit share incentive scheme was not shown to be unfair as applied to an employee who voluntarily left in June 2004 and was not employed when bonus entitlement was calculated and paid. The summons was therefore dismissed.

Court Disposition

Summons dismissed; applicant ordered to pay respondent's costs; security for costs released to respondent's solicitors in partial satisfaction of the costs order.

Orders

  • ['The summons is dismissed.' "The applicant is to pay the respondent's costs to be assessed in default of agreement." "The sum of $3,000 held by the Registrar of this Court is to be released to the respondent's solicitors in partial satisfaction of the costs order."]