UGL Rail Services Pty Ltd v Janik

UGL Rail Services Pty Ltd appealed to the Court of Appeal of New South Wales against a decision of the primary judge concerning the termination of Mr Janik's employment and a claim for share options. The primary judge had found that Mr Janik's position had become redundant and that UGL Rail Services Pty Ltd had breached his employment contract by failing to recommend him for share options.

The Court of Appeal was required to determine whether the primary judge erred in finding that Mr Janik's role was redundant, and whether UGL Rail Services Pty Ltd had breached the employment contract by failing to convey a recommendation for share options to the relevant decision-maker within the parent company.

The Court of Appeal found that the evidence did not support the primary judge's finding of redundancy. It held that the differences in duties between Mr Janik and his apparent successor were not sufficient to establish that his role had been effectively abolished or emptied of its duties. Regarding the share options, the Court found that the evidence established that the recommendation had been provided to the relevant decision-maker within the parent company, and therefore, a breach of contract in this regard was not established.

Consequently, the Court of Appeal allowed the appeal, set aside the primary judge's orders, and entered judgment for the defendant, UGL Rail Services Pty Ltd. The cross-appeal was dismissed, and Mr Janik was ordered to pay UGL Rail Services Pty Ltd's costs of both the appeal and the cross-appeal.