NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Russell Gilger v EDS (Australia) Pty Limited and EDS Global Services Inc [2005] NSWIRComm 21
APPLICANT: Russell Gilger
PARTIES: RESPONDENTS: EDS (Australia) Pty Limited EDS Global Services Inc
FILE NUMBER(S): IRC 2800 of 2002
CORAM: Staunton J
CATCHWORDS: Unfair contract alleged - termination of expatriate assignment - applicant's belief as to stability of expatriate assignment - actions of respondent leading to termination of expatriate assignment in all the circumstances unfair - applicant's assertion that repatriation to United States would mean certain unemployment not established - finding of contractual unfairness for which first and second respondents jointly and severally responsible - relief granted - order as to interest and costs - money order to be in Australian dollars but calculated in first instance in US dollars and converted to Australian dollars at relevant exchange rate.
Industrial Relations Act 1996 LEGISLATION CITED: Supreme Court Act 1970 (NSW)
HEARING DATES: 11/08/2004; 11/09/2004; 11/10/2004; 11/11/2004
DATE OF JUDGMENT: 02/24/2005
APPLICANT: Ms K Nomchong of counsel SOLICITORS: Verekers Lawyers LEGAL REPRESENTATIVES: RESPONDENTS: Mr J Fernon SC SOLICITORS: Baker & McKenzie
JUDGMENT:
- 67 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: Staunton J DATE: 24/2/2005
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