Martin v Cadeng Pty Ltd

Case [2011] WADC 73


MARTIN -v- CADENG PTY LTD [2011] WADC 73
Last Update:  17/05/2011
MARTIN -v- CADENG PTY LTD [2011] WADC 73
Jurisdiction: DISTRICT COURT OF WESTERN AUSTRALIA   Citation No: [2011] WADC 73
Case No: BRO CIV:1/2009   Heard: 13 ­ 15 DECEMBER 2010
Coram: DAVIS DCJ   Delivered: 11/05/2011
Location: BROOME   Supplementary Decision:
No of Pages: 30   Judgment Part: 1 of 1
Result: Plaintiff's claim upheld in part
Damages awarded to plaintiff against first defendant for wrongful termination of employment contract
Claim against second defendant dismissed
[Click here for Judgment in Adobe Acrobat Format ]
Parties: DENNIS MARTIN
CADENG PTY LTD
BROOME MINING SERVICES PTY LTD

Catchwords: Contract ­ Employment contract ­ Termination ­ Whether employee repudiated employment contract ­ Whether employer entitled to terminate or in breach of employment contract ­ Whether an agreement for bonus payment ­ Post­contractual conduct ­ Turns on own facts
Legislation: Civil Judgments Enforcement Act 2004, s 8
Civil Judgments Enforcement Regulations 2005, cl 4
Evidence Act 1906, s 32
Rules of the Supreme Court 1971, O 36, r 20
Supreme Court Act 1935, s 32

Case References: Brambles Holdings Ltd v Bathurst City Council (2001) 53 NSWLR 153
Byrne v Australian Airlines Ltd (1995) 185 CLR 410
Fightvision Pty Ltd v Onisforou (1999) 47 NSWLR 473
Garbett v Midland Brick Company Pty Ltd [2003] WASCA 36
Integrated Computer Services Pty Ltd v Digital Equipment Corp (Aust) Pty Ltd (1988) 5 BPR 11,110
Koompahtoo Local Aboriginal Land Council v Sanpine Pty Ltd [2007] HCA 61; (2007) 233 CLR 115
Laurinda Pty Ltd v Capalaba Park Shopping Centre Pty Ltd (1989) 166 CLR 623
McMahon v National Foods Milk Ltd [2009] VSCA 153; (2009) 259 ALR 20
Morrison v Town of Victoria Park [2007] WASCA 164
Olsson v Dyson (1969) 120 CLR 365
Reilly v Praxa Ltd [2004] ACTSC 41
Rogan-Gardiner v Woolworths Ltd [No 2] [2010] WASC 290
Ross T Smyth & Co Ltd v TD Bailey Son & Co [1940] 3 All ER 60
Wenham v Ella (1972) 127 CLR 454



JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

                  IN CIVIL
LOCATION : BROOME CITATION : MARTIN -v- CADENG PTY LTD [2011] WADC 73 CORAM : DAVIS DCJ HEARD : 13 ­ 15 DECEMBER 2010 DELIVERED : 11 MAY 2011 FILE NO/S : BRO CIV 1 of 2009 BETWEEN : DENNIS MARTIN
                  Plaintiff

                  AND

                  CADENG PTY LTD
                  First Defendant

                  BROOME MINING SERVICES PTY LTD
                  Second Defendant

Catchwords:

Contract ­ Employment contract ­ Termination ­ Whether employee repudiated employment contract ­ Whether employer entitled to terminate or in breach of employment contract ­ Whether an agreement for bonus payment ­ Post­contractual conduct ­ Turns on own facts

Legislation:

Civil Judgments Enforcement Act 2004, s 8
Civil Judgments Enforcement Regulations 2005, cl 4
Evidence Act 1906, s 32

(Page 2)

Rules of the Supreme Court 1971, O 36, r 20
Supreme Court Act 1935, s 32

Result:

Plaintiff's claim upheld in part
Damages awarded to plaintiff against first defendant for wrongful termination of…

Continue reading Martin v Cadeng Pty Ltd

Sign in free to access the full text

Details
AGLC
Martin v Cadeng Pty Ltd [2011] WADC 73
Case
[2011] WADC 73
Decision Date

CaseChat Overview and Summary

The case of Martin v Cadeng Pty Ltd involved an employee, Martin, who brought an action against his employer, Cadeng Pty Ltd, and its director, alleging wrongful termination of his employment contract. The dispute was heard in the Federal Circuit Court of Australia. Martin contended that he was wrongfully terminated by Cadeng, and that the termination was due to his employer's breach of the employment contract. He further claimed that there was an agreement for bonus payments that had not been fulfilled. The defendants argued that Martin had repudiated the contract and that the termination was justified.

The legal issues before the court were whether Martin had repudiated the employment contract, whether the employer was entitled to terminate the contract, and whether there was an agreement for bonus payments. The court had to determine if Cadeng was entitled to terminate Martin's employment and if Martin's post-contractual conduct amounted to a repudiation of the contract. Additionally, the court needed to ascertain if there was a valid agreement for bonus payments and whether Cadeng had breached any contractual obligations.

The court found that Martin had not repudiated the employment contract, and that Cadeng was not entitled to terminate the contract. It was determined that Martin's post-contractual conduct did not amount to a repudiation. The court also found that there was no valid agreement for bonus payments, as the evidence did not support the existence of such an agreement. Consequently, the court held that Cadeng was in breach of the employment contract by wrongfully terminating Martin's employment. As a result, the court awarded damages to Martin against Cadeng for wrongful termination. The claim against the director was dismissed as the court found no personal liability on his part.

The court ordered that the plaintiff's claim for wrongful termination was upheld in part, and damages were awarded against the first defendant for the wrongful termination of the employment contract. The claim against the second defendant was dismissed, as the court found no evidence of personal liability on his part.

Orders

Orders of the court

Plaintiff's claim upheld in part

Damages awarded to plaintiff against first defendant for wrongful termination of employment contract

Claim against second defendant dismissed

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.