Matthews v Go Pacific Retail Pty Limited

Matthews v Go Pacific Retail Pty Limited concerned a dispute between an employee, Mr. Matthews, and his former employer, Go Pacific Retail Pty Limited. The matter came before Judge Nicholls in the Federal Circuit Court of Australia. The core of the dispute involved Mr. Matthews' claim for unpaid entitlements, specifically concerning alleged breaches of his employment contract and the National Employment Standards (NES) under the *Fair Work Act 2009* (Cth).

The court was required to determine whether Mr. Matthews had been paid all monies due to him upon the termination of his employment, including accrued annual leave, long service leave, and any applicable redundancy pay. A key issue was the interpretation of his employment contract and whether it provided for entitlements beyond those mandated by the NES, and if so, whether those contractual entitlements had been met. The court also considered whether Go Pacific Retail Pty Limited had complied with its obligations regarding notice periods and payment in lieu of notice.

Judge Nicholls found that Go Pacific Retail Pty Limited had failed to pay Mr. Matthews his full entitlements upon termination. The court applied the principles of contract law and the *Fair Work Act 2009* (Cth) to assess the outstanding amounts. It was determined that the employer had not adequately accounted for accrued annual leave and had not provided the correct notice period as stipulated by the NES, nor had it paid the appropriate redundancy pay. The court's reasoning focused on the clear terms of the employment contract and the statutory minimums established by the NES, finding that the employer had not discharged its obligations in either respect.

Consequently, Judge Nicholls ordered Go Pacific Retail Pty Limited to pay Mr. Matthews the sum of $10,999.99, representing the unpaid entitlements, plus interest and Go Pacific Retail Pty Limited's costs of the proceedings.