NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Oracle Systems Australia Pty Limited v Michael John Pym [2005] NSWIRComm 15
ORACLE SYSTEMS AUSTRALIA PTY LIMITED (ACN 003 074 468) Appellant/Cross-Respondent
PARTIES: MICHAEL JOHN PYM Respondent/Cross-Appellant
FILE NUMBER(S): IRC 6404 of 2003
CORAM: Marks J; Schmidt J; Haylen J
Appeal - unfair contract - applications for leave to appeal - calculation of bonus entitlement - leave to appeal refused - calculation of interest - leave to appeal refused - costs and offer of compromise - leave to appeal refused -costs order - leave to appeal refused other than in relation to pension fund claim - pension fund claim - leave to appeal granted - new evidence received - contract found unfair and varied - consequential money orders - orders made as to costs of first instance proceedings and on appeal and interest
CATCHWORDS: Evidence - further evidence received in relation to pension fund entitlements not put before trial Judge
LEGISLATION CITED: Industrial Relations Act 1996
Abboud v NSW Department of School Education (2000) 99 IR 299 Gambotto v John Fairfax Publications Pty Ltd (2001) NSWIRComm 249 Gregory John King v Cake It Away Pty Limited [2004] NSWIRComm 377 Health Administration Corporation and Ors v Crocker and Ors [2004] NSWIRComm 163 House v The King (1936) 55 CLR 499 Knowles v Anglican Church Property Trust (No 2) (1999) 95 IR 380 Kennedy v Northern Sydney Area Health Service (2003) NSWIRComm 75 Micallef v ICI Australia Operations Pty Ltd v Anor [2001] NSWCA 274 CASES CITED: Michael John Pym v Oracle Corporation and 2 ors [2003] NSWIRComm 127 Michael John Pym v Oracle Corporation & 2 Ors [2003] NSWIRComm 299 Perrott v XcelleNet Australia Ltd (1998) 84 IR 255 Sydney Water Corporation Limited v Industrial Relations Commission of NSW [2004] NSWCA 436 Vasile Nan v Andreas Van den Berg and Ors [2004] NSWIRComm 361 Walker v Industrial Court of New South Wales (1994) 53 IR 121 Westfield Holdings v Adams (2001) 114 IR 241
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