Pathak v Kone Elevators Pty Ltd [2002] NSWIRComm 360

Pathak v Kone Elevators Pty Ltd [2002] NSWIRComm 360

The applicant's annual remuneration, properly calculated and supported by business evidence, exceeded the amount prescribed by regulations, thus precluding relief for unfair dismissal under the Industrial Relations Act 1996.

Jurisdiction
Australia
Judgment Date
20 December 2002
Procedural Posture
Unfair Dismissal Application / Determination of Jurisdictional Threshold
Outcome
application dismissed
Legal Topics
['unfair Dismissal' 'jurisdictional Threshold' 'remuneration Calculation']
['employment Law' 'industrial Relations'] ['unfair Dismissal' 'jurisdictional Threshold' 'remuneration Calculation']

Case Brief

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Procedural Posture

Unfair Dismissal Application / Determination of Jurisdictional Threshold

Legal Issues

  1. 1 ["Whether applicant's annual remuneration exceeds prescribed statutory limit precluding relief for unfair dismissal" "Calculation and components of applicant's annual remuneration" 'Date of dismissal']

Ratio Decidendi

The applicant's annual remuneration, properly calculated and supported by business evidence, exceeded the amount prescribed by regulations, thus precluding relief for unfair dismissal under the Industrial Relations Act 1996.

Court Disposition

application dismissed

Orders

  • ['The application is dismissed.']