Logan v Otis Elevator Co Pty Ltd

This appeal concerns the employment of Peter Anton Charles Logan by Otis Elevator Company Pty Limited. Mr Logan sought to appeal against three aspects of orders made by Moore J on 11 March 1999. The first issue is whether Mr Logan was entitled to recover, under s179 of the Industrial Relations Act 1988, payments for “standing by” while employed as Otis’ local representative at Orange. The second issue is whether the difference between the remuneration received by Mr Logan as Otis’ local representative at Orange and the amount payable to him for ordinary time pursuant to the National Metal and Engineering On-site Construction Industry Award 1989 should be set off against the payments due to Mr Logan under the award for “standing by”, if applicable, “call back” and overtime. The third issue is whether Moore J erred in holding that Otis’ payment of one month’s salary in lieu of notice constituted reasonable notice of the termination of Mr Logan’s employment. The Court agreed with Mr Logan on the “standing by” claim and the notice of termination, but disagreed on the set-off claim. The Court granted leave to appeal and upheld the appeal in part.