An employer's redundancy policy, even if consistently applied to all redundancies over several years, is not incorporated into an employee's contract of employment by implication in law; incorporation requires express agreement or satisfaction of the business efficacy test. Where an employee's total remuneration package includes superannuation contributions above the statutory minimum, payment in lieu of notice must include the superannuation component. Supplementary submissions filed after hearing without leave will be disregarded.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.