Foster's Group Ltd v David Kou Tien Wing

[2005] VSCA 322

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(Decision by: Nettle JA)

Foster's Group Ltd
vDavid Kou Tien Wing

Court:

Judges: Maxwell P
Nettle JA
Habersberger AJA

Subject References:
Employment
Employment agreement terminated by employer prior to expiry of term
Whether employee entitled to redundancy payment
Meaning of redundancy
Reorganisation both before and after employee's departure reduced responsibilities of his former role as General Manager of the appellant's business in China
Employee's position as General Manager filled in acting capacity for 17 months and then permanently
Role still retained important functions and duties
Held no redundancy

Legislative References:
Income Tax Assessment Act 1936 - section 27F

Hearing date: 17 November 2005
Judgment date: 23 December 2005

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Decision by:
Nettle JA

[2] I agree with Habersberger, AJA, for the reasons which his Honour gives, that the appeal should be allowed and the cross-appeal should be dismissed.