Smith v Onesteel Limited & Anor [2013] NSWDC 18

Smith v Onesteel Limited & Anor [2013] NSWDC 18

The plaintiff was terminated for purposes of the redundancy provisions of the Award, made redundant, and was not offered acceptable alternative employment. The transfer represented a significant change in status and seniority and did not correlate with the plaintiff’s skills and experience, thereby entitling him to redundancy payments.

Jurisdiction
Australia
Judgment Date
15 March 2013
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff against the second defendant for redundancy payments; judgment for the first defendant against the plaintiff.
Legal Topics
['redundancy Payments' 'alternative Employment' 'constructive Dismissal']
['employment Law'] ['redundancy Payments' 'alternative Employment' 'constructive Dismissal']

Case Brief

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Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 ['Whether the plaintiff was made redundant under the Award' 'Whether the employer offered acceptable alternative employment to the plaintiff' 'Whether plaintiff’s resignation disentitled him to redundancy payments']

Ratio Decidendi

The plaintiff was terminated for purposes of the redundancy provisions of the Award, made redundant, and was not offered acceptable alternative employment. The transfer represented a significant change in status and seniority and did not correlate with the plaintiff’s skills and experience, thereby entitling him to redundancy payments.

Court Disposition

Judgment for the plaintiff against the second defendant for redundancy payments; judgment for the first defendant against the plaintiff.

Orders

  • ['Judgment for the first defendant against the plaintiff.' 'Judgment for the plaintiff against the second defendant in the sum of $153,316.39.' 'Subject to the following order, each party is to pay its own costs of the proceedings.' "Plaintiff’s solicitor to pay defendants' costs incurred by absence of counsel on...