Ramesh Bajaj v BEACHTOWN Investments Pty Ltd

[2015] HCASL 107

RAMESH BAJAJ

v

BEACHTOWN INVESTMENTS PTY LTD

[2015] HCASL 107
P15/2015

1. The applicant is a former employee of the respondent.  After termination of his employment, the applicant commenced proceedings in the Magistrates Court of Western Australia claiming underpaid wages and unpaid employer superannuation contributions.

2. On 19 March 2013, the Magistrates Court (Magistrate Boon) found that the respondent had underpaid the applicant's salary and various superannuation contributions.  However, her Honour also set-off amounts to allow for the facts that the applicant had failed to give the termination notice required by the employment contract, and that the respondent had overpaid superannuation contributions to the applicant in certain respects. 

3. On 27 November 2013, the District Court of Western Australia (Curthoys DCJ) dismissed the applicant's appeal.  His Honour found that termination of the contract required three weeks' notice and that it was open to the Magistrate to conclude that this requirement had not been complied with.  Curthoys DCJ also found that the applicant had not established that the contract had been repudiated or that the Magistrate had made an error of law or fact in determining that the respondent had overpaid superannuation contributions.

4. On 27 February 2015, the Court of Appeal of the Supreme Court of Western Australia (McLure P, Newnes and Mazza JJA) dismissed the applicant's appeal.  The Court agreed with Magistrate Boon's construction of the contract, and held that it was open to her Honour to find that the notice requirement had not been satisfied, and that there had been overpayment of superannuation contributions.  The Court dismissed the applicant's further grounds of appeal on the basis that they were not fully litigated at trial.

5. The applicant now seeks special leave to appeal to this Court.  No question of principle falls for determination in this application, and the interests of the proper administration of justice are not engaged.  Special leave is refused.

6. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
18 June 2015 P.A. Keane