O'Connor v Byrnecut Mining Pty Ltd [1996] IRCA 594

O'Connor v Byrnecut Mining Pty Ltd [1996] IRCA 594

The Award applied to the Applicant's employment, entitling him to notice and severance payments. Superannuation was to be calculated at 5% of an annual base rate of $21/hour, based on the evidence of the agreement and course of dealing. The Court had jurisdiction to determine both claims as they arose out of the employment relationship.

Parties
Applicant: Patrick O'Connor; Respondent: Byrnecut Mining Pty Ltd
Jurisdiction
Australia
Judgment Date
02 December 1996
Procedural Posture
Employment Claim for Underpayment and Superannuation / Judgment and Orders After Hearing
Outcome
Judgment for the Applicant
Legal Topics
Underpayment of Wages, Superannuation Entitlements, Jurisdiction Under Industrial Relations Act, Award Entitlements
Industrial Law Underpayment of Wages Superannuation Entitlements Jurisdiction Under Industrial Relations Act Award Entitlements

Case Brief

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Parties

Patrick O'Connor

Applicant

Byrnecut Mining Pty Ltd

Respondent

Procedural Posture

Employment Claim for Underpayment and Superannuation / Judgment and Orders After Hearing

Legal Issues

  1. 1 Entitlement to payment in lieu of notice under clause 6 of the Metal Industry (Northern Territory) (Consolidated) Award
  2. 2 Entitlement to severance payment under clause 39 of the Award
  3. 3 Entitlement to superannuation calculated at 5% of annual base rate in accordance with contract

Ratio Decidendi

The Award applied to the Applicant's employment, entitling him to notice and severance payments. Superannuation was to be calculated at 5% of an annual base rate of $21/hour, based on the evidence of the agreement and course of dealing. The Court had jurisdiction to determine both claims as they arose out of the employment relationship.

Court Disposition

Judgment for the Applicant

Orders

  • The Respondent pay the Applicant $2,016.28 per clause 6 of the Award within 14 days.
  • The Respondent pay the Applicant $4,032.56 per clause 39 of the Award within 14 days.