Frederick Fliedner v Philips Electronics Australia Ltd [2003] NSWIRComm 23

Frederick Fliedner v Philips Electronics Australia Ltd [2003] NSWIRComm 23

The contract was unfair to the extent that the calculation of redundancy benefits excluded the car allowance and bonus, which were part of the applicant's remuneration. No evidence established that the redundancy benefit cap itself was unfair, but not including all components of the remuneration package in the calculation was unfair under s 106 of the Industrial Relations Act 1996.

Jurisdiction
Australia
Judgment Date
18 February 2003
Procedural Posture
Unfair Contract Application Under S 106 Industrial Relations Act 1996 / Judgment After Hearing
Outcome
Contract varied; additional redundancy payment ordered
Legal Topics
['unfair Contract' 'redundancy Entitlements' 'calculation of Retrenchment Benefits']
['employment Law' 'industrial Relations'] ['unfair Contract' 'redundancy Entitlements' 'calculation of Retrenchment Benefits']

Case Brief

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Procedural Posture

Unfair Contract Application Under S 106 Industrial Relations Act 1996 / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the cap on redundancy benefits rendered the contract unfair under s 106 Industrial Relations Act 1996' 'Whether exclusion of car allowance and bonus in redundancy calculation was unfair']

Ratio Decidendi

The contract was unfair to the extent that the calculation of redundancy benefits excluded the car allowance and bonus, which were part of the applicant's remuneration. No evidence established that the redundancy benefit cap itself was unfair, but not including all components of the remuneration package in the calculation was unfair under s 106 of the Industrial Relations Act 1996.

Court Disposition

Contract varied; additional redundancy payment ordered

Orders

  • ['The contract of employment is varied to provide redundancy payments include annual bonus and car allowance.' 'The respondent is to pay the applicant $24,793 plus interest from 31 January 2001 to the date of judgment.' 'Costs reserved; liberty to apply with respect to costs.']