Knox, L. v. Grace Bros. Holdings Ltd [1985] FCA 433

Knox, L. v. Grace Bros. Holdings Ltd [1985] FCA 433

The loading prescribed by Clause 33(g) of the Award applies only where employment is terminated by the employer; it does not apply where employment is terminated by the employee, whether by voluntary retirement or resignation. No entitlement to 17.5% leave loading arises on voluntary retirement unless annual leave...

Source-derived case information.

Parties
Appellant: Lynette Knox; Respondent: Grace Bros. Holdings Limited
Jurisdiction
Australia
Judgment Date
23 August 1985
Procedural Posture
Appeal From Single Judge Federal Court / Judgment of Full Court
Outcome
Appeal dismissed
Legal Topics
Interpretation of Awards, Annual Leave Loading, Termination of Employment, Entitlement to Leave Payments
Industrial Law Interpretation of Awards Annual Leave Loading Termination of Employment Entitlement to Leave Payments

Source-derived case record

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 3 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Lynette Knox

Appellant

Grace Bros. Holdings Limited

Respondent

Procedural Posture

Appeal From Single Judge Federal Court / Judgment of Full Court

Legal Issues

  1. 1 Whether an employee who voluntarily retires is entitled to annual leave loading under the relevant award
  2. 2 Interpretation of 'proportionate leave on termination' and whether loading applies when employment is terminated by the employee

Ratio Decidendi

The loading prescribed by Clause 33(g) of the Award applies only where employment is terminated by the employer; it does not apply where employment is terminated by the employee, whether by voluntary retirement or resignation. No entitlement to 17.5% leave loading arises on voluntary retirement unless annual leave is actually taken or termination is by the employer for reasons other than misconduct or disobedience.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed