Former Campaign Palace ECD Paul Fishlock has won his case against the now defunct agency for unpaid redundancy and leave entitlements, with a judge awarding him $260,000.
The case came before the NSW Supreme Court in February, when Fishlock (pictured) launched a case against joint-owners of the agency WPP and Y&R Brands, after he found out Reed Collins had been handed a similar role, with the title of chief creative officer, without him knowing.
However, in a statement Y&R said they would look at next steps, and consider whether to appeal the ruling, a move which would lead to more lengthy and protracted legal wrangling.
In a lengthy judgement handed down today Justice John Sacker sets out a chain of emails between top executives, including then global CEO of Y&R Hamish McLennan (now Ten CEO), and global creative director Tony Granger, as well as then Australia CEO of Y&R Brands Russel Howcroft.
The emails refer to conversations around appointing Collins to the role, and the potential commercial damage it could do with Panasonic and Government clients, given the amount of churn the agency had experienced.
In handing out the damages Justice Sacker awarded $262,500 for nine month’s redundancy pay for Fishlock, who had been at the Palace since 2003 and earned $350,000-per-year, and $40,384 for lost long service leave, minus $34,625 Fishlock earned in those nine months, giving total damages of $268,259.
The question of legal costs will be hashed out at a meeting between the parties and the judge’s advocate in the coming weeks.
In a statement Y&R said: “While we are disappointed that the court has awarded some damages to Paul Fishlock, we believe it is significant that the decision awards him substantially less than he sought.
“We are pleased that the court has found that the covenants he was subject to were reasonable and that certain of his claims were rejected. We are currently evaluating our next steps, including whether to appeal.”