NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Ngoc-Toan Nguyen -V- Oliveri Transport Services [2005] NSWIRComm 1121
APPLICANT Ngoc-Toan Nguyen PARTIES: RESPONDENT Oliveri Transport Services Pty Limited Trading As Metro-Link Bus Lines
FILE NUMBER(S): 5443 of 2004
CORAM: Cambridge C
CATCHWORDS: Unfair dismissal - termination of employment - purported fixed term contract of employment - introduction of fixed term employment improper, unfair and invalid - employer unable to rely upon expiry of contract - no proper reason for dismissal - dismissal held as harsh, unreasonable and unjust - reinstatement Ordered.
LEGISLATION CITED: Industrial Relations Act 1996[NSW]
D'Lima v. Board of Management, Princess Margaret Hospital for Children, (1996) Industrial Relations Court of Australia, [Marshall J ], 64IR @ 19. Fisher v. Edith Cowan University (No 2), (1997) Full Court of the Industrial Relations Court of Australia, [Lee, Marshall and North JJ], 72IR @ 464. CASES CITED: Sanhueza -v- Oliveri's Metro Link Bus Lines, (2003), Industrial Relations Commission of NSW [Connor C], unreported, Decision of 25 Sep 2003. Stevens -v- Nowra - Bomaderry Meals on Wheels Service, (1994), Industrial Relations Commission of NSW [McKenna C], 36AILR 251.
HEARING DATES: 02/11/2005
DATE OF JUDGMENT: 07/28/2005
APPLICANT Ms D Leahy, Transport Workers Union of Australia LEGAL REPRESENTATIVES: RESPONDENT Mr C McElroy, solicitor, Marsden Law Group
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate