Reich v Client Server Professionals of Australia Pty Ltd (Administrator Appointed) [2000] NSWIRComm 143

Industrial Relations Commission of New South Wales in Court Session

CITATION : Reich v Client Server Professionals of Australia Pty Ltd (Administrator Appointed) [2000] NSWIRComm 143 revised - 23/08/2000 APPELLANT Thomas Reich PARTIES : RESPONDENT Client Server Professionals of Australia Pty Limited (Administrator Appointed) FILE NUMBER: IRC 5336 of 1999 CORAM: Wright J President; Walton J Vice-President; Hungerford J at 1; Glynn J; Schmidt J at 61 Unfair Contract - Appeal against dismissal of claim - Contract of employment - Unilateral reduction by employer of employee's remuneration - Repudiation of contract by employer - Acceptance of repudiation by employee - Held, resultant termination of the contract by the employer - Held, repudiation was unfair conduct in the employment relationship - Held, that that unfair conduct as to the operation of the contract led to relevant contractual unfairness - Contract permitted or did not prevent or did not contain appropriate terms as to the unfair conduct by the employer - Nature and scope of legislation re unfair contracts - Whether Bass v Truda [1990] 38 IR 172 (and similar cases) can stand as good law in light of later decisions and statutory provisions as to unfair contracts - Held, Bass v Truda line of cases overruled - Failure of trial judge to follow Full Bench decision - Importance of the law of precedent - Duty of single judge to decide cases consistent with Full Bench authority - Use of extraordinary language by trial judge as to Full Bench decision - Extreme language in decisions entirely inappropriate - Leave to appeal granted - Appeal upheld, with costs at first instance and on appeal - Matter remitted to a single judge to hear and determine claims on merits.