Warren v Diamond Power (Australia) Pty Limited[1996] IRCA 456

Warren v Diamond Power (Australia) Pty Limited[1996] IRCA 456

Travelling allowance is not to be included in lost remuneration as it is a reimbursement for expenses not incurred during the relevant period; ordinary earnings should be calculated on the basis of 40 hours per week.

Parties
Applicant: Gregory Robert Warren; Respondent: Diamond Power (Australia) Pty Limited
Jurisdiction
Australia
Judgment Date
30 August 1996
Procedural Posture
Complaint of Unlawful Termination of Employment / Supplementary Decision, Orders for Payment of Lost Remuneration
Outcome
Order for payment of lost remuneration; calculation of sum; time for payment specified.
Legal Topics
Unlawful Termination, Remuneration Calculation, Termination of Employment
Industrial Law Unlawful Termination Remuneration Calculation Termination of Employment

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Parties

Gregory Robert Warren

Applicant

Diamond Power (Australia) Pty Limited

Respondent

Procedural Posture

Complaint of Unlawful Termination of Employment / Supplementary Decision, Orders for Payment of Lost Remuneration

Legal Issues

  1. 1 Whether travelling allowance is to be included in lost remuneration
  2. 2 Whether lost wages should be calculated based on 38 or 40 hours per week

Ratio Decidendi

Travelling allowance is not to be included in lost remuneration as it is a reimbursement for expenses not incurred during the relevant period; ordinary earnings should be calculated on the basis of 40 hours per week.

Court Disposition

Order for payment of lost remuneration; calculation of sum; time for payment specified.

Orders

  • The respondent to pay applicant $16,248.56 as lost remuneration.
  • Time for payment is 21 days from date of Order.