Shane Michael Hammond v Moore Business Systems Australia Ltd [1995] IRCA 451

Shane Michael Hammond v Moore Business Systems Australia Ltd [1995] IRCA 451

The applicant breached his duty of good faith and fidelity, and fiduciary duty, to his employer by having an undisclosed and avoidable conflict of interest via involvement, direct financial benefit, and labour with SMH Press, a supplier doing substantial work referred by the applicant from Moore Business Systems Australia Ltd. The respondent validly terminated employment for a reason connected with the applicant's conduct. The respondent provided appropriate procedural and substantive fairness. No entitlement exists to annual or long service leave or superannuation contributions on payment in lieu of notice as employment ends upon that payment.

Jurisdiction
Australia
Judgment Date
08 September 1995
Procedural Posture
Application Under Part VIA of the Industrial Relations Act 1988 (cth) / Decision After Hearing
Outcome
Application dismissed
Legal Topics
['termination of Employment' 'unlawful Termination' 'breach of Contract' 'conflict of Interest' 'fiduciary Duty' 'procedural Fairness' 'employee Duties']
['industrial Law' 'employment Law'] ['termination of Employment' 'unlawful Termination' 'breach of Contract' 'conflict of Interest' 'fiduciary Duty' 'procedural Fairness' 'employee Duties']

Case Brief

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Procedural Posture

Application Under Part VIA of the Industrial Relations Act 1988 (cth) / Decision After Hearing

Legal Issues

  1. 1 ['Whether the applicant breached his duty of good faith and fidelity to the respondent' 'Whether the applicant breached fiduciary duties' 'Whether the respondent accorded procedural and substantive fairness under the Act' 'Whether the applicant was entitled to annual and long service leave or superannuation on payment in lieu of notice']

Ratio Decidendi

The applicant breached his duty of good faith and fidelity, and fiduciary duty, to his employer by having an undisclosed and avoidable conflict of interest via involvement, direct financial benefit, and labour with SMH Press, a supplier doing substantial work referred by the applicant from Moore Business Systems Australia Ltd. The respondent validly terminated employment for a reason connected with the applicant's conduct. The respondent provided appropriate procedural and substantive fairness. No entitlement exists to annual or long service leave or superannuation contributions on payment in lieu of notice as employment ends upon that payment.

Court Disposition

Application dismissed

Orders

  • ['That the application is dismissed.']