Ridgey Didge Pies Pty Ltd v Gregory Prott [2004] NSWIRComm 236

Ridgey Didge Pies Pty Ltd v Gregory Prott [2004] NSWIRComm 236

The Company obtained acceptable alternative employment for Mr Prott by offering him full-time employment at the new facility, an offer accepted by three other employees, and by further arranging the opportunity with Mr Trumper's business. Mr Prott's refusal based on his preference to bake bread did not make the alternative employment unacceptable, and his medical restriction was not the employer's responsibility. The Company therefore met cl 20(v)(c) of the Award and was exempt from severance pay.

Jurisdiction
Australia
Judgment Date
17 August 2004
Procedural Posture
Notification Under Section 130 Concerning a Redundancy Payment Dispute / Arbitration After Unsuccessful Conciliation; Ex Tempore Decision Formally Published
Outcome
The Company was exempted from payment of severance pay to Mr Prott and the matter was concluded.
Legal Topics
['redundancy Payment' 'severance Pay' 'award Entitlement' 'acceptable Alternative Employment' 'exemption From Redundancy Payment']
['industrial Relations' 'employment Law'] ['redundancy Payment' 'severance Pay' 'award Entitlement' 'acceptable Alternative Employment' 'exemption From Redundancy Payment']

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Procedural Posture

Notification Under Section 130 Concerning a Redundancy Payment Dispute / Arbitration After Unsuccessful Conciliation; Ex Tempore Decision Formally Published

Legal Issues

  1. 1 ['Whether Ridgey Didge Pies Pty Ltd obtained alternative employment for Mr Gregory Prott.' 'Whether the alternative employment was acceptable within the meaning of the Bread Industry (State) Award 319 IG 505.' 'Whether the Company should be exempted from payment of severance pay.']

Ratio Decidendi

The Company obtained acceptable alternative employment for Mr Prott by offering him full-time employment at the new facility, an offer accepted by three other employees, and by further arranging the opportunity with Mr Trumper's business. Mr Prott's refusal based on his preference to bake bread did not make the alternative employment unacceptable, and his medical restriction was not the employer's responsibility. The Company therefore met cl 20(v)(c) of the Award and was exempt from severance pay.

Court Disposition

The Company was exempted from payment of severance pay to Mr Prott and the matter was concluded.

Orders

  • ['The Company is exempt from payment of severance pay to Mr Prott arising from his employment at Timbertown from 1999 to 2003.' 'Matter No IRC 3365 of 2004 is concluded.']