VASOVIC v Toast FOOD

In the matter of *Vasovic v Toast Food*, Judge Nicholls of the Federal Circuit and Family Court of Australia considered a dispute concerning alleged contraventions of the *Fair Work Act 2009* (Cth) by the respondent employer, Toast Food. The applicant, Mr Vasovic, brought proceedings alleging that Toast Food had failed to provide him with his accrued annual leave entitlements upon the termination of his employment.

The central legal issue before the Court was whether Toast Food had contravened section 90 of the *Fair Work Act 2009* (Cth) by failing to pay Mr Vasovic the full amount of his accrued but untaken annual leave upon the termination of his employment. This required the Court to determine the nature of the employment relationship and the extent of the accrued entitlements.

Judge Nicholls found that Toast Food had indeed contravened section 90 of the *Fair Work Act 2009* (Cth). The Court reasoned that upon termination of employment, an employee is entitled to payment in lieu of any accrued but untaken annual leave. The evidence presented established that Mr Vasovic had accrued a specific amount of annual leave which had not been paid out at the time of his dismissal. The Court applied the principles of statutory interpretation to the relevant provisions of the *Fair Work Act 2009* (Cth) and relevant awards to reach its conclusion.

The Court ordered that Toast Food pay Mr Vasovic the sum of $1,698.90, representing the value of his accrued but untaken annual leave entitlements, together with interest and costs.