Tasmanian Perpetual Trustees Ltd v Jordan

The appeal in the case of Tasmanian Perpetual Trustees Ltd v Jordan was heard by the Supreme Court of Tasmania. The dispute involved the interpretation of the terms of an award concerning the entitlement to long service leave for an employee. The lower court had ruled in favour of the respondent, but the appellant, TPT, sought to appeal this decision, arguing that the lower court had misinterpreted the relevant award provisions.

The legal issues before the court were whether the lower court had correctly interpreted the award's provisions regarding long service leave, and whether the award should be read in a manner that allowed for a pro rata payment of long service leave for periods of service between fifteen and twenty-three years. The court had to determine whether the award's provisions should be read in isolation or in the context of the general policy outlined in the award.

The court found that the lower court's interpretation of the award was incorrect. The court held that the award's provisions should not be read in isolation but rather in the context of the general policy outlined in the award, which indicated that entitlement to long service leave arises upon completing a specified period of continuous service. The court held that the award's provisions were consistent with the general policy of the award, which structured entitlement to long service leave around milestones. The court further held that the award did not provide for pro rata entitlement from the commencement of employment.

The appeal was allowed, and the orders made by the lower court were set aside. The respondent's application was dismissed, and leave was granted to the parties to file written submissions as to costs within seven days. The issue of costs was to be decided on the papers.