Cook v CFP Management Pty Ltd

DISTRICT COURT OF QUEENSLAND

CITATION:

Cook v CFP Management Pty Ltd [2005] QDC 348

PARTIES:

David James Cook

Plaintiff

CFP Management Pty Ltd

Defendant

FILE NO/S:

D1369/03

DIVISION:

District Court

PROCEEDING:

Trial

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

2 November 2005

DELIVERED AT:

Brisbane

HEARING DATE:

29 August 2005

JUDGE:

Dick DCJ

ORDER:

1.   Defendant to pay to the Plaintiff the sum of $92,168.93

2.   Defendant to pay the Plaintiff’s costs of and incidental to the proceeding including reserve costs to be assessed on the appropriate standard District Court scale

CATCHWORDS:

COUNSEL:

G Beacham for the Plaintiff

T Bradley for the Defendant

SOLICITORS:

Hunt and Hunt Solicitors for the Plaintiff

Blake Dawson Waldron  Lawyers for the Defendant

1. The Plaintiff’s claim is for payment in respect of annual leave and payment in lieu of notice and payment in respect of long service leave.

1. The Plaintiff, a stockbroker, was employed by the Defendant under an employment contract dated 29 March 2002.  His contract provided that he was taken to have commenced employment on 14 April 1994.

1. The employment contract contained the following relevant terms:

1.          Positions and Duties

You are employed on a full-time basis in the position of [particular position], working in the Brisbane Office.

Your State Administration Manager is Bret O’Donovan.  Whilst your duties and responsibilities will be discussed in more detail separately, you will at all times be required to comply with the directions given by the senior management of the Challenger Group.

…

3.          Remuneration

3.1          Total Package

Your total package on commencement of employment will be a base salary of [particular figure] per annum plus incentive calculated and paid in accordance with the attached Incentive Calculation Details and Conditions (which is inclusive of superannuation).  The Incentive Calculation Details and Conditions form part of your Employment Terms and Conditions.

Your remuneration may be taken in cash salary and non-cash benefits, such as additional superannuation contributions and fringe benefits …

3.2          Remuneration Structure

The following remuneration structure is effective 01 March 2002.

You will be placed on the standard remuneration structure ie. where the incentive ratio on all transactions and fee business to be paid out at 72% (inclusive of the compulsory contribution required by Superannuation Guarantee legislation and after earning gross income of $55,555 assuming a $40,000.00 per annum base salary) after deducting costs as outlined in the Incentive Calculation Details and Conditions.

3.3          Alliance Fee

Each adviser is provided with accommodation and services by the Company and in turn will pay the Company a monthly (in advance) Alliance fee…It is intended that the Alliance fee payment be made from pre tax income.

Your Alliance fee (Capital City Office) will be $32,000.00 per annum.

3.4          Salary Payment

Your salary will be paid fortnightly.  The cash component (after tax) of your base salary will be deposited to your bank account on a fortnightly basis every second Thursday night.  The cash component (after tax) of your incentive will be deposited to your bank account on a monthly basis…