Employment Law Cases
A.J. Macken & Co has acted in litigation on behalf of clients whose matters involved the following issues:
2016/2017
Stevens v Spotless Management Services Pty Ltd [2016] VSCA 299 (30 November 2016): A dispute about the amount due to be paid to a Chief Information Officer following the termination of his employment by his employer (a company providing facilities management services). The senior executive who had been employed pursuant to a contract of employment and associated arrangements successfully contended there was a subsequent oral agreement entered into between the parties regarding the termination of his employment which the Company failed to honour. At first instance the trial judge did not accept that an agreement had been entered into and dismissed the senior executive’s claim. This decision was reversed on appeal by the Court of Appeal in favour of the senior executive and an application by the Company to the High Court for special leave to appeal the decision of the Court of Appeal was refused in March 2017.
2015
Southern Ocean Pty Ltd v Sugar Australia Pty Ltd; Sugar Australia Pty Ltd & Ors v Southern Ocean Pty Ltd & Ors [2015] VCC 428: The recovery of termination payments due on the termination of three separate contracts for services and the successful defence (claims dismissed) of a counterclaim brought by the defendant seeking damages for alleged breach of contract.
2012
Hodgson v Amcor Limited; Amcor Limited & Ors v Hodgson & Anor. [2012] VSC 94: The recovery of senior executive termination entitlements, unpaid bonus and underpaid leave entitlements and successful defence (claims dismissed) of counterclaim brought by defendant companies seeking damages initially approximating $50 million including interest.
2010
Guthrie v News Limited [2010] VSC 196: The recovery of senior executive termination entitlements in the Supreme Court of Victoria for an Editor in Chief in the media industry.
Whittaker v Unisys Australia Pty Ltd [2010] VSC 9: The recovery of senior executive termination entitlements in the Supreme Court of Victoria for a Vice President and General Manager who had been employed in a global information technology company.
2009
Kamp v Transurban Ltd [2009] VCC 0611: The recovery of senior executive termination entitlements in the County Court of Victoria for a General Manager who had been employed in a company operating in the infrastructure and development market.
2008
Howard v Pilkington (Australia) Ltd [2008] VSC 491: The recovery of senior executive termination entitlements for a General Manager, Human Resources, who had been employed by a company operating in the building & manufacturing market.
