Windrum and Anor v Matrix Healthcare Pty Ltd t-as Combined Pathology and Anor (No 2) [2009] NSWIRComm 6

Windrum and Anor v Matrix Healthcare Pty Ltd t-as Combined Pathology and Anor (No 2) [2009] NSWIRComm 6

The correct quantification of money orders is by the respondents’ retrospective approach, estimating actual earnings during the period 17 May 2005 to 31 July 2005 on the applicable payment basis, less monies earned elsewhere, as this is just in the circumstances of the case and consistent with s 106(5).

Jurisdiction
Australia
Judgment Date
16 February 2009
Procedural Posture
Appeal / Post Appeal Quantification of Money Orders
Outcome
Orders made for payment to appellants and further submissions/costs procedure
Legal Topics
['unfair Contract' 'quantification of Money Orders' 'appeal' 'costs']
['industrial Law'] ['unfair Contract' 'quantification of Money Orders' 'appeal' 'costs']

Case Brief

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Procedural Posture

Appeal / Post Appeal Quantification of Money Orders

Legal Issues

  1. 1 ['Disagreement over calculation of money orders under s 106(5) of the Industrial Relations Act 1996' 'Determination of just order in circumstances of unfair contract']

Ratio Decidendi

The correct quantification of money orders is by the respondents’ retrospective approach, estimating actual earnings during the period 17 May 2005 to 31 July 2005 on the applicable payment basis, less monies earned elsewhere, as this is just in the circumstances of the case and consistent with s 106(5).

Court Disposition

Orders made for payment to appellants and further submissions/costs procedure

Orders

  • ['The respondents, jointly and severally, shall pay to the appellants an amount of $28,771 (subject to this being a correct calculation) plus interest calculated to the date of judgment.' 'Draft minutes of order reflecting this decision to be filed within 14 days, submissions on costs to follow.']