Gribbles and AMCOR – Some Observations

By Peter Punch from Carroll & O'Dea and CCH

The High Court decisions in Amcor and Gribbles have re-examined the meaning of "redundancy" and "transmission of business".

Punch raises questions about what these decisions may mean for the notion of the personal nature of the employment relationship and the requisite nexus required for a transmission of business to occur.

Punch points out that the High Court in both cases overturned unanimous decisions of 4 Federal Court judges, and both cases showed the Court not applying black letter law but instead discerned meaning from context, precedents and background circumstances.

Elsewhere in the CCH newsletter, Penny Thew and Michael Michalandos summarise the decisions.

(CCH Industrial Law News; issue 3, 1st April 2005)