Lawrence, Q.D. v. Clutha Development Proprietary Ltd [1985] FCA 190

Lawrence, Q.D. v. Clutha Development Proprietary Ltd [1985] FCA 190

Clause 28(1)(c) of the award did not apply since the respondent did not decide upon a reduction of hands; rather, the applicant left voluntarily. No evidence supports an agreement for payment irrespective of voluntary termination beyond the award terms.

Parties
Applicant: Jueni In Derrick Lawrence; Respondent: Clutha Development Pty Ltd
Jurisdiction
Australia
Judgment Date
10 May 1985
Procedural Posture
Industrial Law Proceeding / Judgment Final Determination
Outcome
Application dismissed
Legal Topics
Award Entitlements, Voluntary Retrenchment, Severance Pay, Employment Termination
Industrial Law Award Entitlements Voluntary Retrenchment Severance Pay Employment Termination

Case Brief

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Parties

Jueni In Derrick Lawrence

Applicant

Clutha Development Pty Ltd

Respondent

Procedural Posture

Industrial Law Proceeding / Judgment Final Determination

Legal Issues

  1. 1 Whether applicant was entitled to retrenchment pay under clause 28(1)(c) of the Coal Mining Industry (Mechanics) Award, 1982, New South Wales
  2. 2 Whether an agreement between applicant and respondent entitled the applicant to retrenchment pay regardless of voluntary or involuntary termination

Ratio Decidendi

Clause 28(1)(c) of the award did not apply since the respondent did not decide upon a reduction of hands; rather, the applicant left voluntarily. No evidence supports an agreement for payment irrespective of voluntary termination beyond the award terms.

Court Disposition

Application dismissed

Orders

  • Application is dismissed