Powell v Simple Computing Australia Pty Ltd [1997] IRCA 111

Powell v Simple Computing Australia Pty Ltd [1997] IRCA 111

Because the applicant's claims for compensation for unlawful termination and damages for unpaid pay in lieu of notice were proceedings for the recovery of money, section 482 required an order for interest unless good cause was shown. Interest could be awarded on the unpaid notice amount from termination to judgment and on the pre-judgment component of ongoing economic loss, but not on future loss after judgment. Given calculation difficulties and the small sum involved, a lump sum of $260.00 was appropriate under section 482(1)(b).

Jurisdiction
Australia
Judgment Date
06 February 1997
Procedural Posture
Industrial Law Proceeding Concerning Termination of Employment and an Application for Interest on Money Orders / Supplementary Judgment on Interest After Substantive Judgment
Outcome
Application for interest allowed; lump sum interest ordered.
Legal Topics
['termination of Employment' 'unlawful Termination' 'interest on Judgment Sums' 'compensation' 'damages for Breach of Contract' 'pay in Lieu of Notice']
['industrial Law' 'employment Law' 'civil Procedure'] ['termination of Employment' 'unlawful Termination' 'interest on Judgment Sums' 'compensation' 'damages for Breach of Contract' 'pay in Lieu of Notice']

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Procedural Posture

Industrial Law Proceeding Concerning Termination of Employment and an Application for Interest on Money Orders / Supplementary Judgment on Interest After Substantive Judgment

Legal Issues

  1. 1 ['Whether interest is payable under section 482 of the Workplace Relations Act, 1996 on sums ordered as compensation or damages under section 170EE of the Act.' 'Whether an application alleging unlawful termination of employment and seeking compensation or damages under section 170EE is a proceeding for the recovery of money within section 482(1) of the Workplace Relations Act, 1996.' 'What rate and amount of interest should be ordered, having regard to the prohibition on interest for loss or damage to be incurred or suffered after judgment.']

Ratio Decidendi

Because the applicant's claims for compensation for unlawful termination and damages for unpaid pay in lieu of notice were proceedings for the recovery of money, section 482 required an order for interest unless good cause was shown. Interest could be awarded on the unpaid notice amount from termination to judgment and on the pre-judgment component of ongoing economic loss, but not on future loss after judgment. Given calculation difficulties and the small sum involved, a lump sum of $260.00 was appropriate under section 482(1)(b).

Court Disposition

Application for interest allowed; lump sum interest ordered.

Orders

  • ['The respondent is to pay interest to the applicant in the sum of $260.00 within 21 days of today.']