TERMINATION OF EMPLOYMENT – high income threshold – ss.332, 382, 394 Fair Work Act 2009 – application for relief from unfair dismissal remedy – jurisdictional objection – applicant not covered by award or agreement – whether income exceeds high income threshold – applicant sold business to Artis – Artis employed applicant as manager – applicant submitted earnings were $120,000 base salary subject to business performance plus retention bonus – discussions and correspondence between parties prior to sale agreement not taken into account – payment which is contingent on future performance cannot be determined in advance [Jenny Craig] – retention bonus not part of applicant’s earnings for purposes of s.382(b)(iii) of FW Act – contents of alleged verbal discussion and pre-purchase emails cannot be taken into account in determining non-cash benefits – office, overhead costs and car park not properly characterised as non-cash benefits – even if characterised as non-cash benefits, earnings would not exceed high income threshold – not satisfied applicant’s annual earnings exceed high income threshold – jurisdictional objection dismissed. Welsby v Artis Group P/L.
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