Vincenzo Paparo v Moree Plains Shire Council [2005] NSWIRComm 4

Industrial Relations Commission of New South Wales in Court Session

CITATION: Vincenzo Paparo v Moree Plains Shire Council [2005] NSWIRComm 4

PARTIES: Vincenzo Paparo v Moree Plains Shire Council

FILE NUMBER(S): IRC 8234 of 2001

CORAM: Haylen J

Unfair contract - Industrial Relations Act s 106 -termination of Council General Manager with three months' notice - four year contract renewable - jurisdiction - whether orders could be made having regard to provisions of s 340 Local Government Act 1993 - jurisdiction established - respondent argues fairness of contract on basis applicant dismissed for acting contrary to a Council resolution concerning voluntary redundancies - reasons for termination not contained in Council resolution - many issues raised during term of General Manager - Council highly factionalised - impossible to establish reason for termination in circumstances of numerous policy differences between General Manger and Councillors - Council resolutions not clear as to voluntary redundancy - Council uncertain as to legality of actions of General Manger yet resolve to termination contract - General Manager terminated for "any other reason" under contract and paid notice and not terminated summarily for breach of fundamental term - three months' notice unreasonable - contract varied to provide for 12 months' notice on termination - alleged failure to pay $20,000 bonus promised by Mayor - no contract, agreement or arrangement to pay $20,000 bonus - Council resolves to amend contract to allow for performance bonus - arrangements not concluded to amend contract to pay performance bonus - contract provided for yearly review of salary - General Manager satisfactorily meets requirements of two performance reviews - fairness required payment of modest bonus for 2001 - bonus to be included in calculation of reasonable notice.