Westen v Union Des Assurances De Paris [1996] IRCA 661

Westen v Union Des Assurances De Paris [1996] IRCA 661

Because the cap in s 170ee(3) did not prevent adding damages for failure to give notice under s 170ee(5), and the respondent made no contrary submissions, the Court acceded to the applicant's submissions and ordered payment of the additional amount and interest, with the application otherwise dismissed.

Jurisdiction
Australia
Judgment Date
23 December 1996
Procedural Posture
Industrial Relations Application / Supplementary Reasons for Judgment and Orders
Outcome
The respondent was ordered to pay the applicant $40,657.69 with interest to judgment; the application was otherwise dismissed. The text records interest as $7,824.94 in the minutes of order and $6,376.01 in the supplementary reasons.
Legal Topics
['workplace Relations Act 1996 (cth)' 'termination Notice' 'compensation' 'interest to Judgment']
['industrial Relations' 'employment Law'] ['workplace Relations Act 1996 (cth)' 'termination Notice' 'compensation' 'interest to Judgment']

Case Brief

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Procedural Posture

Industrial Relations Application / Supplementary Reasons for Judgment and Orders

Legal Issues

  1. 1 ['Whether damages under s 170ee(5) for failure to give the notice required by s 170db should be added to the sum proposed under s 170ee(2) despite the cap in s 170ee(3).' 'Whether interest payable should be quantified to avoid later disputes.']

Ratio Decidendi

Because the cap in s 170ee(3) did not prevent adding damages for failure to give notice under s 170ee(5), and the respondent made no contrary submissions, the Court acceded to the applicant's submissions and ordered payment of the additional amount and interest, with the application otherwise dismissed.

Court Disposition

The respondent was ordered to pay the applicant $40,657.69 with interest to judgment; the application was otherwise dismissed. The text records interest as $7,824.94 in the minutes of order and $6,376.01 in the supplementary reasons.

Orders

  • ['The respondent is to pay to the applicant within 21 days the sum of $40,657.69, together with interest to judgment in the sum of $7,824.94.' 'The application is otherwise dismissed.' 'The respondent is to pay to the applicant within 21 days the sum of $40,657.69, together with interest to judgment in the sum of...