Willis Australia Group Services Pty Ltd v Mitchell-Innes (No 2) [2016] NSWCA 43

Willis Australia Group Services Pty Ltd v Mitchell-Innes (No 2) [2016] NSWCA 43

Where a contract permits summary termination only in certain circumstances and otherwise by notice, damages for wrongful summary dismissal must be calculated as if employment ended lawfully by notice, with deductions for amounts contractually repayable by the employee had lawful notice been given.

Jurisdiction
Australia
Judgment Date
15 March 2016
Procedural Posture
Appeal / Post Judgment/consequential Orders
Outcome
Appeal allowed in part; orders varied; further consequential orders to be made upon parties' minute of judgment.
Legal Topics
['quantification of Damages' 'costs' 'summary Dismissal' 'retention Award Clawback']
['practice and Procedure' 'employment Law'] ['quantification of Damages' 'costs' 'summary Dismissal' 'retention Award Clawback']

Case Brief

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Procedural Posture

Appeal / Post Judgment/consequential Orders

Legal Issues

  1. 1 ['Whether clawback of retention award payments should be deducted from wrongful dismissal damages' 'Proper quantification of damages upon breach of employment contract' 'Costs orders following appeal where both sides succeed in part']

Ratio Decidendi

Where a contract permits summary termination only in certain circumstances and otherwise by notice, damages for wrongful summary dismissal must be calculated as if employment ended lawfully by notice, with deductions for amounts contractually repayable by the employee had lawful notice been given.

Court Disposition

Appeal allowed in part; orders varied; further consequential orders to be made upon parties' minute of judgment.

Orders

  • ['Appeal allowed in part.' 'Set aside orders 1 and 3 made in the District Court on 8 December 2014 and order 1 made on 12 February 2015.' 'Judgment for Mr Mitchell-Innes against the appellants in the amount to be calculated (reflecting deductions).' "Order the appellants to pay Mr Mitchell-Innes' costs at first...