Wall v Kingbuilt Homes Pty Ltd

In *Wall v Kingbuilt Homes Pty Ltd*, the applicant, Mr. Wall, brought a claim against his former employer, Kingbuilt Homes Pty Ltd, for alleged underpayment of notice and redundancy pay. The dispute centred on whether Mr. Wall was entitled to these payments following the cessation of his employment.

The primary legal issues before the court were whether Mr. Wall's employment had been terminated in circumstances that constituted redundancy, and if so, whether he was entitled to the full statutory notice and redundancy payments. A further issue was whether Kingbuilt Homes was entitled to set off an ex-gratia payment previously made to Mr. Wall against any amounts found to be owing.

Judge Burchardt found that Mr. Wall's role had ceased to exist due to a reorganisation within Kingbuilt Homes, and that the alternative role offered to him was also redundant. Consequently, the court determined that Mr. Wall had been made redundant and was entitled to the full notice and redundancy payments. The court also held that the ex-gratia payment could not be set off against these statutory entitlements.