Fallon -v- United Group Limited [2006] NSWIRComm 1090

Fallon -v- United Group Limited [2006] NSWIRComm 1090

The Commission found as a fact that the applicant's annual remuneration was at least $101,239. That amount exceeded the $94,900 remuneration limit fixed by Regulation pursuant to section 83(1)(b), and the applicant was an employee for whom conditions of employment were not set by an industrial instrument. He was therefore excluded from access to make an unfair dismissal claim under Part 6 of Chapter 2 of the Act, so the application had to be dismissed.

Jurisdiction
Australia
Judgment Date
26 May 2006
Procedural Posture
Application Re Unfair Dismissal Pursuant to Section 84 of the Industrial Relations Act 1996 [nsw] / Hearing of the Employer's Notice of Motion on a Threshold Question Concerning Annual Remuneration Under Section 83(1)(b)
Outcome
The employer's threshold objection was upheld and the unfair dismissal application was dismissed.
Legal Topics
['unfair Dismissal' 'termination of Employment' 'threshold Jurisdictional Question' 'annual Remuneration Limit' 'practice Direction 17' 'industrial Instrument Coverage']
['industrial Relations' 'employment Law'] ['unfair Dismissal' 'termination of Employment' 'threshold Jurisdictional Question' 'annual Remuneration Limit' 'practice Direction 17' 'industrial Instrument Coverage']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Re Unfair Dismissal Pursuant to Section 84 of the Industrial Relations Act 1996 [nsw] / Hearing of the Employer's Notice of Motion on a Threshold Question Concerning Annual Remuneration Under Section 83(1)(b)

Legal Issues

  1. 1 ['Whether the applicant was excluded from access to an unfair dismissal claim because his conditions of employment were not set by an industrial instrument and his annual remuneration exceeded the amount fixed by Regulation pursuant to section 83(1)(b) of the Industrial Relations Act 1996 [NSW].' "Whether the employer's Notice of Motion for interlocutory relief should be granted before any hearing of the substantive unfair dismissal claim."]

Ratio Decidendi

The Commission found as a fact that the applicant's annual remuneration was at least $101,239. That amount exceeded the $94,900 remuneration limit fixed by Regulation pursuant to section 83(1)(b), and the applicant was an employee for whom conditions of employment were not set by an industrial instrument. He was therefore excluded from access to make an unfair dismissal claim under Part 6 of Chapter 2 of the Act, so the application had to be dismissed.

Court Disposition

The employer's threshold objection was upheld and the unfair dismissal application was dismissed.

Orders

  • ['The application is dismissed.' 'The proceedings are concluded accordingly.']