INDUSTRIAL LAW – construction of term in employment contract providing for profit sharing arrangement between employer and employee – where employer seeks declaration that it is not liable to pay employee a “bonus” – where employee seeks damages for non-payment of “profit share” – characterisation of employee’s entitlement to payment WORDS AND PHRASES – construction of employment contract – ordinary meaning of “access” – ordinary meaning of “bonus” – ordinary meaning of “profit sharing” COSTS – application of s 570 of the Fair Work Act 2009 (Cth) – interlocutory application by applicant to set aside previous orders requiring payment of respondent’s costs of unsuccessful interlocutory application to amend originating application and statement of claim – whether s 570 engaged by conduct of the applicant in prosecuting the interlocutory application – whether s 570 engaged by conduct of the applicant in failing to comply with timetabling orders – whether s 570 engaged by applicant’s late abandonment of aspects of its claim
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2025/2025fca1300For more information, see the original judgement.