Redundancy and transmission questions: High Court finds for employers

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Redundancy and transmission questions: High Court finds for employers

Two important employment law cases have been handed down by the High Court with victories for employers on severance pay and transmission of business.

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Two important employment law cases have been handed down by the High Court with victories for employers on severance pay and transmission of business.

Both cases will be reported in detail soon on WorkplaceInfo.

The Amcor case - on whether employees can receive severance pay despite being relocated in new employment without suffering material loss - has been decided by the High Court in favour of the employer.

Full text of High Court decision:

Amcor Limited v Construction, Forestry, Mining and Energy Union; Minister for Employm [2005] HCA 10 (9 March 2005)

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Severance pay confirmed despite new jobs provided

In Gribbles case the High Court overturned the Full Federal court where it had been held that a transmission of business between two companies occurred despite them having no commercial dealings. This Full Federal Court decision had been based on their relationship with a third company that had facilitated the transmission.

Full text of High Court decision:

Minister for Employment and Workplace Relations v Gribbles Radiology Pty Ltd; Gribbles [2005] HCA 9 (9 March 2005)

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Contractor required to maintain employment conditions of previous contractor

 

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