Matthew Laurence v NGI Holdings Pty Ltd - [2023] FWC 2425

[2023] FWC 2425

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Matthew Laurence
v

NGI Holdings Pty Ltd

(U2023/4075)

COMMISSIONER SIMPSON

BRISBANE, 20 SEPTEMBER 2023

Application for an unfair dismissal remedy

On 12 May 2023, Mr Matthew Laurence (Mr Laurence /the Applicant) applied to the Fair Work Commission (the Commission) under s.394 of the Fair Work Act 2009 (the Act) for an unfair dismissal remedy, alleging he was unfairly dismissed from his employment with NGI Holdings Pty Ltd (the Respondent).

The Respondent raised a jurisdictional objection that the Applicant earned more than the high income threshold.

I listed the matter for an initial directions hearing by telephone on 27 June 2023. The matter was listed for Hearing of the jurisdictional objection by Microsoft Teams Video on 7 August 2023.

Leave was granted for the Applicant to be represented by Mr William Isdale of Counsel instructed by Hickey Lawyers and the Respondent was represented by Mr Joseph D’Abaco of Counsel instructed by Mr Graeme Halperin from Haperin & Co.

The Applicant raised an objection to the admission of certain further material the Respondent sought to rely on which was filed prior to the hearing in addition to the material directed to be filed. I allowed a further statement of Mr Edward Aldridge to be filed which was responsive to the Applicant’s statement. The Applicant then filed a further supplementary statement in response. I also allowed further material to be submitted that was filed prior to the hearing in the form of airline tickets which was related to an issue about the amount of money paid for by the Respondent which had some relevance to an issue in dispute.

Background

The Respondent owns and operates nine McDonald’s restaurants in southern New South Wales and regional Victoria.

The Applicant commenced employment with the Respondent on 10 March 2008 and was appointed to the position of General Manager in 2014. In 2014, through his personal company Meak Investments Pty Ltd (Meak), the Applicant acquired a 1% interest in the Respondent’s business and Meak and the Respondent became business partners. By 2020, Meak owned a 5% interest in the Respondent’s business.

In June 2022, the Applicant moved to Queensland. He continued to work as the Respondent’s General Manager, travelling from Queensland to Wodonga on a weekly basis and working three days per week in Wodonga.

On 20 February 2023, the Respondent gave the Applicant notice of his dismissal. The Applicant’s employment ceased on 21 April 2023.

JURISDICTION

Submissions & Evidence

The Respondent relied on an initial witness statement of Mr Edward Aldridge[1] the sole Director of the Respondent of 7 July 2023, and a second statement of Mr Aldridge dated 1 August 2023.[2] The Applicant relied on his own initial statement of 20 July 2023,[3] and a further statement of 4 August 2023.[4] The Applicant also relied on the evidence of his wife, Ms Alice Laurence who provided a statement dated 21 July…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Matthew Laurence v NGI Holdings Pty Ltd

Details

AGLC: Matthew Laurence v NGI Holdings Pty Ltd [2023] FWC 2425
Case: [2023] FWC 2425
Decision Date: 20 SEPTEMBER 2023

CaseChat Overview and Summary

Matthew Laurence has brought an unfair dismissal claim against his former employer NGI Holdings Pty Ltd. Laurence was employed as a General Manager for the Respondent, who owns and operates nine McDonald’s restaurants in southern New South Wales and regional Victoria. Laurence commenced employment with the Respondent in 2008 and was appointed to the position of General Manager in 2014. The Respondent contends that the Applicant’s annual earnings exceeded the high income threshold and that the Commission lacks jurisdiction to hear the matter. The Applicant submitted that his salary was no greater than $151,243.95 under the Act. The Commission considered the relevant legal issues, including the definition of earnings under s.332 of the Fair Work Act 2009 and whether certain benefits provided to the Applicant should be included in calculating his annual earnings. The Commission concluded that the Applicant’s annual earnings, including various benefits such as a motor vehicle allowance and flight allowance, exceeded the high income threshold of $162,000. Therefore, the Commission dismissed the unfair dismissal application for lack of jurisdiction. An order will be issued separately and concurrently with this decision to that effect.

Orders