Yael Abraham v Jasmman Pty Limited and the Joadja Whiskey Company Pty Ltd (No 2) [2006] NSWIRComm 1184

Yael Abraham v Jasmman Pty Limited and the Joadja Whiskey Company Pty Ltd (No 2) [2006] NSWIRComm 1184

The orders made on 4 May 2006 were made jointly and severally against each company named as “the Respondent”; for the purposes of those orders, “the Respondent” was Jasmman Pty Ltd and the Joadja Whiskey Company Pty Ltd.

Jurisdiction
Australia
Judgment Date
22 December 2006
Procedural Posture
Unfair Dismissal Application Pursuant to Section 84 of the Industrial Relations Act 1996 / Supplementary Decision After Out of Time Appeal and Refusal of Extension of Time to Seek Leave to Appeal
Outcome
Supplementary decision issued clarifying that the compensation orders were made jointly and severally against both respondent companies.
Legal Topics
['unfair Dismissal' 'compensation' 'extension of Time to Appeal' 'joint and Several Liability']
['industrial Relations' 'employment Law'] ['unfair Dismissal' 'compensation' 'extension of Time to Appeal' 'joint and Several Liability']

Case Brief

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Procedural Posture

Unfair Dismissal Application Pursuant to Section 84 of the Industrial Relations Act 1996 / Supplementary Decision After Out of Time Appeal and Refusal of Extension of Time to Seek Leave to Appeal

Legal Issues

  1. 1 ['Whether the term “the Respondent” in the compensation orders made on 4 May 2006 referred to each company named as respondent.' 'Whether the compensation orders were made jointly and severally against Jasmman Pty Ltd and the Joadja Whiskey Company Pty Ltd.']

Ratio Decidendi

The orders made on 4 May 2006 were made jointly and severally against each company named as “the Respondent”; for the purposes of those orders, “the Respondent” was Jasmman Pty Ltd and the Joadja Whiskey Company Pty Ltd.

Court Disposition

Supplementary decision issued clarifying that the compensation orders were made jointly and severally against both respondent companies.

Orders

  • ['The Orders made on 4 May 2006 were made jointly and severally against each company named as “the Respondent”.' '“The Respondent” for the purposes of the Orders was Jasmman Pty Ltd and the Joadja Whiskey Company Pty Ltd.']