Robert Butera v VDO Industries Pty Ltd [1995] IRCA 469

Robert Butera v VDO Industries Pty Ltd [1995] IRCA 469

The applicant was not terminated at the initiative of the employer, but rather accepted a special, secret voluntary departure package. The application under Section 170EA was dismissed. However, the respondent breached the agreement by failing to include an additional 10 weeks' pay in the package, entitling the applicant to damages for breach of contract.

Parties
Applicant: Robert Butera; Respondent: VDO Industries Pty Ltd
Jurisdiction
Australia
Judgment Date
24 August 1995
Procedural Posture
Industrial Law Termination of Employment / Judgment After Hearing
Outcome
Application under Section 170EA dismissed; damages awarded for breach of contract.
Legal Topics
Termination of Employment, Unlawful Termination, Breach of Contract, Accrued Jurisdiction
Industrial Law Termination of Employment Unlawful Termination Breach of Contract Accrued Jurisdiction

Case Brief

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Parties

Robert Butera

Applicant

VDO Industries Pty Ltd

Respondent

Procedural Posture

Industrial Law Termination of Employment / Judgment After Hearing

Legal Issues

  1. 1 Whether the applicant was unlawfully terminated by the employer
  2. 2 Whether there was breach of contract relating to the terms of the redundancy package

Ratio Decidendi

The applicant was not terminated at the initiative of the employer, but rather accepted a special, secret voluntary departure package. The application under Section 170EA was dismissed. However, the respondent breached the agreement by failing to include an additional 10 weeks' pay in the package, entitling the applicant to damages for breach of contract.

Court Disposition

Application under Section 170EA dismissed; damages awarded for breach of contract.

Orders

  • The application under Section 170EA for remedy for unlawful termination of employment is dismissed.
  • The respondent is to pay damages of $4,561.40 to the applicant for breach of contract.