Vicstaff Pty Ltd (t/as Stratco) v May

The case of Vicstaff Pty Ltd (trading as Stratco) versus May involved an application by the respondent, May, to vary redundancy pay under section 58 of the Fair Work Act 2009. May, who had been employed by Stratco, was made redundant and subsequently received a redundancy payment. However, May also held a position with another employer, and it was this additional employment that led to the application for varying the redundancy payment. The matter was brought before the Fair Work Commission.

The primary legal issue the Court had to address was whether the respondent's employment with another entity at the time of redundancy should be considered in calculating her redundancy pay. This involved interpreting section 58 of the Fair Work Act, which provides for the adjustment of redundancy payments in cases where the employee has other employment. The Court needed to determine if the respondent's other employment constituted 'other employment' within the meaning of the statute, and if so, whether it warranted a variation of the redundancy payment.

In its decision, the Court found that the respondent's employment with the other entity did indeed constitute 'other employment' as defined by section 58. The Court reasoned that the nature of May's employment, being full-time, was sufficient to meet the statutory criteria. Consequently, the Court determined that the redundancy payment should be varied to reflect the respondent's other employment. The Court ordered that the redundancy payment be adjusted to take into account the income May was earning from the other employment during the period of redundancy.