Black, Peter James v Brimbank City Council [1998] FCA 74

Black, Peter James v Brimbank City Council [1998] FCA 74

Severance entitlements (including redundancy pay, notice in lieu, payment for unused sick leave and loss of vehicle usage) paid to the applicant as a result of the unlawful termination must be brought to account in assessing damages, as they compensate for losses sufficiently similar in character to those claimed as...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
12 February 1998
Procedural Posture
Application Under Workplace Relations Act 1996 / Interlocutory Determination on Central Legal Issue; Matter Listed for Further Hearing
Outcome
Application not finally determined; central issue resolved against applicant; damages, if any, to be reduced by severance payments; matter listed for further hearing.
Legal Topics
['termination of Employment' 'redundancy Payments' 'damages Assessment' 'wrongful Dismissal' 'fixed Term Contracts']
['industrial Law' 'employment Law'] ['termination of Employment' 'redundancy Payments' 'damages Assessment' 'wrongful Dismissal' 'fixed Term Contracts']

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Procedural Posture

Application Under Workplace Relations Act 1996 / Interlocutory Determination on Central Legal Issue; Matter Listed for Further Hearing

Legal Issues

  1. 1 ['Whether redundancy/severance payments made under industrial agreement should be brought to account in assessing damages for the unlawful dismissal of an employee on a fixed term contract']

Ratio Decidendi

Severance entitlements (including redundancy pay, notice in lieu, payment for unused sick leave and loss of vehicle usage) paid to the applicant as a result of the unlawful termination must be brought to account in assessing damages, as they compensate for losses sufficiently similar in character to those claimed as damages for breach of the fixed term employment contract. The applicant has not suffered a net loss since these payments exceeded the maximum damages that could be awarded.

Court Disposition

Application not finally determined; central issue resolved against applicant; damages, if any, to be reduced by severance payments; matter listed for further hearing.

Orders

  • ['1. Application adjourned to 26 February 1998 for telephone directions.' '2. Further hearing listed for 25 and 26 June 1998 in Melbourne.']