Righetti v Stockdale & Leggo Pty Ltd [1996] IRCA 334

Righetti v Stockdale & Leggo Pty Ltd [1996] IRCA 334

The applicant received $60,230.96 as salary in respect of the relevant period 15 March 1994 to 14 March 1995. That amount was attributable to the relevant period, was not shown to have been paid or received by mistake, and payments made through Stockdale and Leggo (Qld) Pty Ltd were made as agent for the respondent employer. Because the applicant's relevant wages exceeded the $60,000.00 limit in s170CD, the application was beyond the jurisdiction of the Court and had to be dismissed.

Jurisdiction
Australia
Judgment Date
19 July 1996
Procedural Posture
Application Pursuant to S170 EA of the Industrial Relations Act 1988 Alleging Unlawful Termination / Preliminary Argument on Whether S170 CD Precluded the Applicant From Bringing the Application Because Relevant Wages Exceeded the Monetary Limit
Outcome
Application dismissed.
Legal Topics
['unlawful Termination' 'relevant Wages' 'wage Related Benefits and Entitlements' 'monetary Limit Under S170 Cd' 'allowances and Reimbursements' 'agency in Payment of Wages']
['industrial Law' 'employment Law'] ['unlawful Termination' 'relevant Wages' 'wage Related Benefits and Entitlements' 'monetary Limit Under S170 Cd' 'allowances and Reimbursements' 'agency in Payment of Wages']

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Procedural Posture

Application Pursuant to S170 EA of the Industrial Relations Act 1988 Alleging Unlawful Termination / Preliminary Argument on Whether S170 CD Precluded the Applicant From Bringing the Application Because Relevant Wages Exceeded the Monetary Limit

Legal Issues

  1. 1 ['Whether the applicant received or was entitled to receive relevant wages exceeding the monetary limit under s170CD of the Industrial Relations Act 1988.' 'Whether salary or wages paid through Stockdale and Leggo (Qld) Pty Ltd were received from the respondent employer for the purposes of s170CD.' 'Whether commission, bonus payments, car lease payments, motorpass credit card payments, telephone allowances, and tax compensation payments were relevant wages.']

Ratio Decidendi

The applicant received $60,230.96 as salary in respect of the relevant period 15 March 1994 to 14 March 1995. That amount was attributable to the relevant period, was not shown to have been paid or received by mistake, and payments made through Stockdale and Leggo (Qld) Pty Ltd were made as agent for the respondent employer. Because the applicant's relevant wages exceeded the $60,000.00 limit in s170CD, the application was beyond the jurisdiction of the Court and had to be dismissed.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.']