Encyclopaedia Britannica Australia Ltd v Campbell

The appeal in *Encyclopaedia Britannica Australia Ltd v Campbell* concerned a dispute over the period of notice required for the termination of an employment contract, specifically in the context of redundancy. The case was heard in the Court of Appeal of New South Wales.

The central legal issue before the court was the interpretation of a clause in the employment contract that stipulated a notice period of "six months or six months' pay" in the event of redundancy. The court was required to determine whether the circumstances of the respondent's termination constituted a redundancy within the meaning of the contract, and consequently, what notice period was legally due.

The Court of Appeal allowed the appeal, setting aside the previous orders made by the trial court. The court reasoned that the respondent's employment was terminated not due to redundancy, but rather due to the employer's decision to cease a particular business operation. This distinction was critical, as the contractual provision for a six-month notice period was expressly limited to "event of redundancy." As such, the court found that the respondent was not entitled to the extended notice period stipulated for redundancy. The court ordered the respondent to repay the sum of $150,650.18, which had been paid pursuant to the earlier orders, along with interest.