O'Loughlin Executive Search v Swan

O'Loughlin Executive Search sought leave to appeal a decision of the Adjudicator that found in favour of the former employee, Ms Swan, in a dispute over unpaid commissions. The dispute arose after Ms Swan resigned from her position with O'Loughlin Executive Search. O'Loughlin Executive Search refused to pay commissions collected after Ms Swan's date of resignation. The Adjudicator found at first instance that an amendment by consent to the calculation date for commissions was a permanent change to the employment agreement. The Adjudicator ordered O'Loughlin Executive Search to pay Ms Swan $24,095.43 in unpaid commissions.

The primary legal issue for the court to determine was whether O'Loughlin Executive Search was entitled to leave to appeal the Adjudicator's decision. The employer argued that the Adjudicator made errors of law and fact in finding that the amendment by consent to the calculation date for commissions was a permanent change to the employment agreement. The employer contended that the Adjudicator erred in failing to consider the correct date for calculating commissions, and in failing to consider that the amendment by consent was not a permanent change to the employment agreement.

The court considered the arguments presented by both parties and concluded that leave to appeal should be refused. The court found that the Adjudicator's decision was not tainted by errors of law or fact, and that there were no grounds for the employer to appeal the decision. The court found that the Adjudicator had correctly considered the evidence and the relevant law in making the decision. The court also found that the employer's arguments did not provide sufficient grounds to grant leave to appeal.

The final order of the court was that leave to appeal was refused.