The meaning of contractual terms is determined by what a reasonable person would have understood them to mean, normally requiring consideration of the text, surrounding circumstances known to the parties, and the purpose and object of the transaction.

Rights and liabilities of parties to a contract are determined by objective assessment of what each party by words and conduct would have led a reasonable person in the position of the other party to believe, not by subjective intention.

The ascertainment of the terms of a contract turns on the words used by the parties, and the construction of those words is to be judged objectively, not by the subjective beliefs or understandings of the parties.

The Commission has power to compel by order the performance of a benefit under a contract of employment, or where the contract does not continue, to make a monetary order in the nature of damages.

A contractual right to reasonable notice of termination is a 'benefit' within s29(1)(b)(ii) because it confers an advantage or good upon the employee.

The word 'benefit' has a wide meaning encompassing not only accrued sums but entitlements, rights, advantages and perquisites arising from the contract of employment.

Section 23A applies only to claims of harsh, oppressive or unfair dismissal under s29(1)(b)(i) and does not apply to claims for denied contractual benefits under s29(1)(b)(ii).

When dealing with a claim under s29(1)(b)(ii) for denied contractual benefits, the Commission's power under s23(1) to 'enquire into and deal with' industrial matters is not limited by the s23A(4) compensation cap.

The Commission is empowered to award monetary compensation (damages) for breach of an implied contractual term requiring reasonable notice, to deal with the industrial matter referred under s29(1)(b)(ii).

A contractual promise conferring a right on an employee to receive a specified benefit has real and measurable value. If a contract is breached by an employer in denying that benefit, the employee is entitled to an award of damages, and the Commission has jurisdiction under s23 to grant such damages.

The term 'benefit' in s29(1)(d) includes an advantage, entitlement, right, superiority, favour or good to which an employee is entitled under their contract of service, broad enough to encompass leave entitlements.

A salary sacrifice arrangement forming part of an employee's agreed remuneration package falls within the authorisation permitted by s17D(1)(b) of the Minimum Conditions of Employment Act 1993, even if not made in writing, if the employer was authorised to deduct from the employee's agreed salary the amount nominated by the employee as the salary sacrifice component.