NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Gregory Scott Bates v Finance Australia Pty Limited & Others Finance Australia Pty Limited & Others v Gregory Scott Bates [2002] NSWIRComm 42 PARTIES : Gregory Scott Bates v Finance Australia Pty Limited & Others Finance Australia Pty Limited & Others v Gregory Scott Bates FILE NUMBER: 1577 of 2000 and 4743 of 2001 CORAM: Peterson J CATCHWORDS : Unfair Contract - managerial employee - appointment to UK subsidiary as "Managing Director"- Intended joint venture with supplier of substantial funds - withdrawal from joint venture - serious impact on operations - job much reduced - employer failing to meet contractual obligations - repudiation by employer of contract - employee electing to treat employment as ended thereby - notice and performance bonus issues - declarations and orders made LEGISLATION CITED : Industrial Relations Act 1996 Industrial Arbitration Act 1940 Brookton Holdings v Kara Kar Holdings (1994) 57 IR 288 CASES CITED : Codelfa Construction Pty Limited v State Rail Authority of N.S.W. (1981 - 1982) 149 CLR 337 D. F. Mitchell and A. Cunningham (1971) AR 613 Reich v Client Server Professionals of Australia (2000) 49 NSWLR 551 HEARING DATES: 08/27/2001; 08/28/2001; 08/29/2001; 08/30/2001 DATE OF JUDGMENT: 03/13/2002
APPLICANT Mr D Robinson of Counsel
SOLICITORS: The Seidler Law Firm SYDNEY LEGAL REPRESENTATIVES: RESPONDENT Mr J Murphy of Counsel
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