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2008-08-15T00:00:00.000Z

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Wrong Garry Duffield?

Mr. Garry Lynton Duffield

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Background Information

Employment History

Chief Executive Officer

Printing Authority of Tasmania

Chairperson

Printing Authority of Tasmania

Chief Executive Officer

PAT

Chief Executive Officer

Tasmania Printing Authority

Web References (7 Total References)


Tasmanian Industrial Commission : T13137

www.tic.tas.gov.au [cached]

Garry Lynton Duffield

...
[1] On 23 April 2008, Garry Lynton Duffield (the applicant) applied to the President, pursuant to Section 29(1A) of the Industrial Relations Act 1984, for a hearing before a Commissioner in respect of an industrial dispute with the State of Tasmania, arising out of a dispute over severance pay in respect of termination of employment as a result of redundancy and the entitlement to pro rata long service leave.
...
[4] On 14 December 1998 Mr Duffield was appointed as Chief Executive Officer of the PAT by His Excellency the Governor-in-Council[1]. According to Mr Duffield, he was "head hunted" from Western Australia[2].
...
[8] On 15 December 2003 Mr Duffield was reappointed on a further five year contract i.e. expiring on 14 December 2008[3].
[9] Mr Duffield's evidence was that in both the initial appointment and subsequent reappointment, the contracts were drafted entirely by the Government and accepted by him[4].
...
This included Mr Duffield.
[16] On 11 January 2008 Mr Duffield wrote to Mr Lovett of Crown Law in the following terms[5]:
...
[18] On 18 January 2008 Mr Duffield was given a document signed by Mr Todisco, Managing Director of PrintLinx[7].
...
It was accepted by all parties that this document was a "cut and paste" version of Mr Duffield's existing Instrument of Appointment. In essence the document amounted to an offer for Mr Duffield to be the CEO of the business purchased by PrintLinx. The salary and general conditions of employment were essentially the same as that which applied to Mr Duffield in his capacity of CEO of the PAT.
[19] On 21 January 2008 Mr Duffield wrote to Mr Inglis of the Department of Treasury and Finance in the following terms[8]:
...
[21] By letter dated 11 April 2008[10], the Treasurer, Michael Aird MP, advised that the Printing Authority of Tasmania Act 1994 would be repealed on 16 April 2008 and that Mr Duffield's appointment would cease on that day.
[22] Payment made to Mr Duffield on the cessation of his employment did not include an Eligible Termination Payment as provided in Schedule 5 of his Instrument of Appointment. At the time of termination Mr Duffield was in the fifth year of the term of his appointment.
...
Did the Sale Amendment Act have legislative force to affect the terms and conditions of employment of Mr Duffield in his capacity as CEO of the PAT?
Was the offer of employment with PrintLinx "on terms no less favourable" [s.39(5)(a) of the Sale Act] than Mr Duffield's terms of employment as CEO of the PAT?
...
[28] Mr Turner contended that Mr Duffield, as a former employee, was precluded from pursuing an application under s.29(1A)(a) in that the matter was not "an industrial dispute relating to the termination of employment of the former employee".
...
[35] In Mr Duffield's case the matter in dispute was very much alive prior to his termination.
...
[37] I am satisfied that the Commission has jurisdiction to hear Mr Duffield's application under s.29(1A)(a) of the Act.
...
[44] Applying these principles to Mr Duffield's case I have reached the following conclusions.
[45] The owner of the business [the Tasmanian Government] made a conscious decision to exit the printing business. At the conclusion of the process the Printing Authority of Tasmania Act 1994 was repealed, the PAT ceased to exist and Mr Duffield's position as CEO of the PAT disappeared.
...
[49] I am satisfied that the Commission has jurisdiction to hear Mr Duffield's application pursuant to s.29(1A)(b) of the Act.
...
15 December 2003: Mr Duffield is reappointed for a further five year term. His Instrument of Appointment includes Schedule 5.
1 August 2007: The Sale Amendment Act commences.
[51] Mr O'Farrell submitted that Mr Duffield was appointed pursuant to s.18(2) of the GBE Act.
...
Under s.18(3) of that Act, Mr Duffield was entitled to be paid the "remuneration and allowances" specified in his instrument of appointment.
...
Relevantly, Mr Duffield was, at the time of termination, in his fifth year of his term of employment.
[55] The position of the respondent is that Mr Duffield, in declining the offer of employment with PrintLinx, forfeited any entitlement to "compensation or other payment in respect of that termination..." in accordance with s.39(5) of the Sale Act. This, according to the respondent, included the eligible termination payment specified in Schedule 5 of the instrument.
[56] The Sale Amendment Act, which potentially brings s.39(5) into play, commenced well after the appointment of Mr Duffield, and consequently well after the terms of employment as specified in the instrument, including Schedule 5, came into effect. Mr O'Farrell submitted, that for the Sale Amendment Act to have legislative force so as to affect the terms and conditions of Mr Duffield's appointment as CEO of the PAT, entails an impermissible result; namely s.39 of the Sale Amendment Act has retrospective effect.
...
This was a right defined by a past event, namely Mr Duffield's reappointment as CEO of the PAT with all the terms and conditions that it entailed.
This right is not procedural in nature. It is a substantive right to benefits under the contract and clearly of significance to Mr Duffield.
...
If the PAT sale did not proceed until after Mr Duffield's employment came to an end, then s.39(5) would apply to any new CEO appointed. It would also apply if Mr Duffield was reappointed.
...
At the time of the amendment [August 2007], Mr Duffield had precisely the same entitlements, or rights, as he had prior to the amendments being made.
...
Mr Duffield's rights are not affected by the amendment, but may be affected by events, permitted but not mandated, by the Sale Amendment Act, in the future.
...
[79] There is no doubt in my mind that at the point immediately prior to operation of the Sale Amendment Act, Mr Duffield enjoyed a substantive accrued right in the form an eligible termination payment as specified in Schedule 5.
[80] Mr Turner contends that the Sale Amendment Act did not in any way impact on Mr Duffield's rights.
...
It was these events, namely the sale of the PAT and subsequent repeal of the Act which impacted on Mr Duffield's rights.
...
[84] If I am to accept the respondent's contention that s.39(5) applied to Mr Duffield, then that would have the same impact as amending clause 8 of the instrument to read that the termination benefits in Schedule 5 are not payable if the business is sold and Mr Duffield was offered a position with the purchaser "on terms no less favourable".
...
[89] Accordingly I find that s.39(5) applies prospectively and does not impair Mr Duffield's accrued rights arising out of schedule 5 of his instrument of appointment. I so order.


DIER - Report for Participants in External Survey

www.dier.tas.gov.au [cached]

13 Correspondence to Chairperson from Garry Duffield, Chief Executive Officer of the Printing Authority of Tasmania, 3 July 2000.


Prism - Latest News

www.prism-world.com [cached]

Garry Duffield, PAT's Chief Executive Officer stated, "In addition to Prism WIN, we looked at the latest Optimus 2020 product, Quote & Print and several other MIS offerings, and our team carried out a detailed and thorough analysis of what each had to offer.

...
Says Garry Duffield, "The choice of an MIS product and vendor is probably the most critical decision any print business can make.


Prism - Latest News

www.prism-enterprise.com [cached]

Garry Duffield, PAT's Chief Executive Officer stated, "In addition to Prism WIN, we looked at the latest Optimus 2020 product, Quote & Print and several other MIS offerings, and our team carried out a detailed and thorough analysis of what each had to offer.

...
Says Garry Duffield, "The choice of an MIS product and vendor is probably the most critical decision any print business can make.


Garry Duffield, CEO of ...

www.print21online.com [cached]

Garry Duffield, CEO of Tasmania Printing Authority was unable to comment on any aspect of the company.

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