Toll v Global Market Insite Inc

Toll Holdings Limited (Toll) and Global Market Insite Inc (GMI) were the parties involved in a dispute concerning redundancy payments and long service leave entitlements. The matter came before Judge Cameron in the Federal Circuit Court of Australia.

The central legal issues before the Court were whether an employee's transfer of employment to a new employer, on terms less favourable than their previous employment, entitled them to a redundancy payment under the applicable industrial instrument. Additionally, the Court was required to determine whether the $20,000 limit on damages under the small claims procedure of the *Fair Work Act 2009* (Cth) applied to a claim involving a state-based long service leave entitlement.

Judge Cameron considered the terms of the relevant industrial award and the circumstances of the employment transfer. The Court found that the transfer of employment did not constitute a redundancy as contemplated by the award, and therefore, no redundancy payment was due. Regarding the long service leave claim, the Court determined that the small claims limit did not apply to entitlements arising under state legislation, as opposed to those arising under the *Fair Work Act 2009* itself.

The Court ordered that Toll was not liable to pay redundancy payments to the employee. However, the Court found in favour of the employee concerning the long service leave entitlement, with the quantum to be determined.