The New South Wales Industrial Relations Commission dismissed an application brought for unfair dismissal on the basis that the worker's annual income exceeded the amounts set out in the legislation. Workers in both New South Wales and Federal jurisdictions, not covered by an award or an industrial agreement, can apply under the unfair dismissal provisions if their annual income does not exceed the limits prescribed. Following indexation on 1 July 2002 the limit is $81,500.00.
The judgment in the matter of Pathak v. Kone Elevators Pty Ltd [2002] NSWIRComm 360 by Grayson DP sets out a useful table for assessing the remuneration and compensation limits.
The reported judgment can be seen at:
http://caselaw.lawlink.nsw.gov.au/isysquery/irl90e4/1/doc
Contact Rowena Grenenger at our Sydney office for advice on unfair dismissal and employment issues.
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