Ross v GN Comtext (Australia) Pty Limited [2000] NSWIRComm 133

Ross v GN Comtext (Australia) Pty Limited [2000] NSWIRComm 133

The contract/arrangement was unfair under s106 of the Industrial Relations Act because it failed to provide for reasonable notice of termination and severance payment based on the applicant's entire period of continuous service with the corporate group. Compensation should be calculated on base salary and car allowance for six months, excluding commissions, less monies already paid, plus interest.

Parties
Applicant: David Ross; Respondent: GN Comtext (Australia) Pty Limited
Jurisdiction
Australia
Judgment Date
31 August 2000
Procedural Posture
Application Under Section 106 of the Industrial Relations Act 1996 / Final Judgment
Outcome
Orders made varying the contract to provide for six months' remuneration for notice and severance, to be calculated on base salary and car allowance, excluding commission, less monies already paid, with interest; costs reserved.
Legal Topics
Unfair Contract, Redundancy, Notice Period, Severance Payments, Compensation Assessment, Jurisdictional Issues, Mitigation of Loss
Industrial Relations Employment Law Unfair Contract Redundancy Notice Period Severance Payments Compensation Assessment Jurisdictional Issues +1 more

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Parties

David Ross

Applicant

GN Comtext (Australia) Pty Limited

Respondent

Procedural Posture

Application Under Section 106 of the Industrial Relations Act 1996 / Final Judgment

Legal Issues

  1. 1 Whether the contract or arrangement between the applicant and respondent was unfair, harsh or unconscionable
  2. 2 Adequacy of the notice period upon termination
  3. 3 Entitlement to severance payment

Ratio Decidendi

The contract/arrangement was unfair under s106 of the Industrial Relations Act because it failed to provide for reasonable notice of termination and severance payment based on the applicant's entire period of continuous service with the corporate group. Compensation should be calculated on base salary and car allowance for six months, excluding commissions, less monies already paid, plus interest.

Court Disposition

Orders made varying the contract to provide for six months' remuneration for notice and severance, to be calculated on base salary and car allowance, excluding commission, less monies already paid, with interest; costs reserved.

Orders

  • Contract varied to provide for six months' notice and severance pay.
  • Respondent to pay applicant six months' base salary and car allowance, less termination payments, plus interest from date of application to judgment.