Chant v Shennen Publishing & Publicity Company Pty Limited (In liquidation) & Ors [2005] NSWIRComm 337

Chant v Shennen Publishing & Publicity Company Pty Limited (In liquidation) & Ors [2005] NSWIRComm 337

The contract of employment was unfair because, after about 30 years' service, the applicant's employment ended without notice, redundancy pay, outstanding wages or statutory entitlements in circumstances caused by Mr Stegman's abandonment of Shennen's business and dissipation of assets. Justice required variation of the contract to provide 12 months' notice and redundancy pay at the test case standard, and money orders for outstanding entitlements. Given Mr Stegman's causal connection with the unfairness and beneficial interest in the conduct, money orders and costs could properly be made against him.

Jurisdiction
Australia
Judgment Date
23 September 2005
Procedural Posture
Application Under Section 106 of the Industrial Relations Act 1996 Alleging an Unfair Contract of Employment / Ex Parte Hearing and Judgment After Respondents Failed to Appear at Conciliation or Hearing
Outcome
Contract found unfair; contract varied from 31 January 2001; money orders and costs ordered against Mark Stegman, with applicant to submit formal minutes and calculations before final orders.
Legal Topics
['unfair Contract' 'termination of Employment Without Notice' 'redundancy Pay' 'outstanding Wages and Statutory Entitlements' 'money Orders Against Third Party' 'leave to Proceed Against Company in Liquidation' 'costs']
['industrial Relations' 'employment Law' 'corporations'] ['unfair Contract' 'termination of Employment Without Notice' 'redundancy Pay' 'outstanding Wages and Statutory Entitlements' 'money Orders Against Third Party' 'leave to Proceed Against Company in Liquidation' 'costs']

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Procedural Posture

Application Under Section 106 of the Industrial Relations Act 1996 Alleging an Unfair Contract of Employment / Ex Parte Hearing and Judgment After Respondents Failed to Appear at Conciliation or Hearing

Legal Issues

  1. 1 ["Whether the applicant's employment contract was unfair under s 106 of the Industrial Relations Act 1996 because employment ended without notice, redundancy pay, outstanding wages or statutory entitlements." "Whether the contract should be varied to provide for 12 months' notice and redundancy pay." 'Whether money orders should be made for outstanding wages, annual leave, annual leave loading, superannuation and long service leave.' "Whether money orders could properly be made against Mark Stegman given his connection with the unfairness and beneficial interest in the dissipation of Shennen's assets." 'Whether jurisdictional objections based on lack of Supreme Court leave and s 109A of the Industrial Relations Act 1996 had any foundation.']

Ratio Decidendi

The contract of employment was unfair because, after about 30 years' service, the applicant's employment ended without notice, redundancy pay, outstanding wages or statutory entitlements in circumstances caused by Mr Stegman's abandonment of Shennen's business and dissipation of assets. Justice required variation of the contract to provide 12 months' notice and redundancy pay at the test case standard, and money orders for outstanding entitlements. Given Mr Stegman's causal connection with the unfairness and beneficial interest in the conduct, money orders and costs could properly be made against him.

Court Disposition

Contract found unfair; contract varied from 31 January 2001; money orders and costs ordered against Mark Stegman, with applicant to submit formal minutes and calculations before final orders.

Orders

  • ["The contract of employment is varied from 31 January 2001 to provide for 12 months' notice of termination in the event of termination by the employer." "The contract of employment is varied from 31 January 2001 to provide for 26 weeks' redundancy pay in the event that employment is terminated on account of...