Irving v Jones Lang LaSalle Australia Limited and another

Industrial Relations Commission (NSW)|2007-04-12|Before: Backman J, Mr P

The applicant in consultation with the respondent is within 14 days to prepare file and serve formal minutes of orders giving effect to my decision. 23 In considering this Order, Wright J concluded (at [39]):

[I]t is clear that her Honour did not in the judgment of 21 October finally determine the matter before her but rather was indicating to the parties the matters that should be taken into account and acted upon in the final orders, yet to be made... In no objective sense could it be said that the judgment represented or embodied the specific final orders that would be made by the Court in the proceedings. Accordingly, the intention to be gathered from the judgment in an objective sense was that the final decision in the proceedings was one yet to be made, albeit after the parties had had an opportunity of considering the detailed judgment delivered by her Honour, the reasons given, and possible agreement on the precise orders that should be made to effectuate the Court's determination of the proceedings. 24 In my view Glynn J's order is sufficiently close to Order 7 of this Court's judgment of 21 September 2006 to warrant the same conclusion. Order 4 therefore is not a final order in the proceedings. Final orders have yet to be made. Other matters

25 This leaves the issues of interest and costs. In relation to costs, the parties agreed to address the issue in written submissions following publication of this judgment, and following the appropriate quantification of the sums referable to bonus, superannuation contribution and part bonus in shares payments. The amount of interest payable in accordance with Order 5 should also be quantified. In addition the respondents have raised an issue of overpayment to the applicant in the amount of $10,862.64 which they say should be deducted from the final amounts. I do not intend to make any order in relation to this issue. The parties may resolve the matter between themselves. Orders

(1) The parties are directed to file short minutes of order reflecting the quantification of the amounts payable in accordance with Orders 4 and 5 of the Judgment Orders within 7 days.

(2) The parties are directed to file and serve any evidence and submissions on the issue of costs within 14 days, after which the question of costs shall be dealt with on the papers, unless the parties contend otherwise.

(3) Order 4 of the Judgment Orders is amended as follows:

(4) The respondents are to pay to the applicant the sums equivalent to:

(i) likely bonus (including guaranteed bonus) for the period 17 October 2001 until 31 December 2001 and likely pro rata bonus from 1 January 2001 until 16 October 2001 in the amount of $45,487.50.

(ii) employer superannuation contributions for six months commencing from 17 October 2001 until 16 April 2002 at 9% of the applicant's base salary immediately prior to his termination, in the amount of $4,951.80.

(iii) The current market value of 2,622 shares granted in lieu of partial bonus for the calendar years 1999 and 2000 as at the date of termination on 16 October 2001.

DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.

Irving v Jones Lang LaSalle Australia Limited and another [2006] NSWIRComm 305 CASES CITED: LEP International Pty Ltd v Caine (2000) 97 IR 35 Ove Arup Pty Ltd v WorkCover Authority (NSW) (Inspector Mansell) (2005) 141 IR 78 Wentworth v Wentworth [1999] NSWSC 638

At a glance

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Judgment (11 paragraphs)

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Cases Cited (4)

Cited By (1)