In June 2014, the Supreme Court handed down its decision in the matter of Susanna Ma v Expeditors International Pty Limited [2014] NSWSC 859. In doing so, the Court awarded damages in excess of $1.14 million dollars to a senior employee of a large-scale shipping company following the termination of her employment of more than 24 years.
In finding in favour of the employee, the Court confirmed an established line of legal authority relating to the assessment of reasonable notice of termination in the employment context, and applied this authority to award the employee 10 months' notice of termination. More importantly, the Court clarified the precise meaning of 'ordinary pay' for the purpose of the Long Service Leave Act 1955 (NSW), and confirmed that the concept captures all forms of remuneration including bonuses, but excludes compulsory superannuation contributions. The Court also dismissed a cross-claim against the employee involving allegations of misconduct as baseless and lacking reasonable cause.
The decision of Susanna Ma v Expeditors International Pty Limited has particular relevance to Carroll & O'Dea, as the successful employee was a client of the Workplace Solutions Group and was represented by our Peter Doughman throughout the course of her matter.
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