Plackett, Phillip v Aardvark Security Services Pty Ltd [1998] FCA 1113

Plackett, Phillip v Aardvark Security Services Pty Ltd [1998] FCA 1113

Compensation must be calculated based on income lost during unemployment and pay difference between old and new positions until applicant ceased the new employment, totalling $11,200 instead of $14,620.

Parties
Applicant: Phillip Plackett; Respondent: Aardvark Security Services Pty Limited
Jurisdiction
Australia
Judgment Date
28 August 1998
Procedural Posture
Compensation Claim / Judgment Quantum of Compensation Determined
Outcome
Award varied to reduce compensation to $11,200 plus post judgment interest.
Legal Topics
Compensation, Unlawful Termination, Quantum of Damages
Employment Law Compensation Unlawful Termination Quantum of Damages

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Parties

Phillip Plackett

Applicant

Aardvark Security Services Pty Limited

Respondent

Procedural Posture

Compensation Claim / Judgment Quantum of Compensation Determined

Legal Issues

  1. 1 Quantum of compensation to be awarded to applicant following termination of employment

Ratio Decidendi

Compensation must be calculated based on income lost during unemployment and pay difference between old and new positions until applicant ceased the new employment, totalling $11,200 instead of $14,620.

Court Disposition

Award varied to reduce compensation to $11,200 plus post judgment interest.

Orders

  • Order made by Judicial Registrar varied to substitute $11,200 for the sum of $14,620.
  • Applicant to recover post judgment interest from 21 March 1997 as specified in Court rules.