Sengos and Madeleine Trading Pty Ltd v FAI Home Security Pty Ltd [2001] NSWIRComm 175

Industrial Relations Commission of New South Wales in Court Session

CITATION : Sengos and Madeleine Trading Pty Ltd v FAI Home Security Pty Ltd [2001] NSWIRComm 175 APPLICANTS Paul Sheridan Sengos PARTIES : Madeleine Trading Pty Ltd

RESPONDENT FAI Home Security Pty Ltd FILE NUMBER: IRC 1391 and 1392 of 2000 CORAM: Marks J CATCHWORDS : Unfair contract - Aplicants accused of improper behaviour and engagements terminated - Held to amount to unfair conduct - Compensation awarded including an amount for being excluded from attending sales conference, but not in respect of a corporate applicant. LEGISLATION CITED : Industrial Relations Act 1996 s 106 HEARING DATES: 07/16/2001; 07/17/2001; 07/18/2001; 07/19/2001 DATE OF JUDGMENT: 08/02/2001

APPLICANTS Mr J F Hassett Hassett Dixon Solicitors

LEGAL REPRESENTATIVES: RESPONDENT Mr A R Moses of counsel SOLICITORS Browne & Co

JUDGMENT:

INDUSTRIAL RELATIONS OF NEW SOUTH WALES IN COURT SESSION CORAM: MARKS J 2 August 2001

Matter No IRC 1391 of 2000 SENGOS v FAI HOME SECURITY PTY LTD

Matter No IRC 1392 of 2000 MADELEINE TRADING PTY LTD v FAI HOME SECURITY PTY LTD Applications under s106 of the Industrial Relations Act 1996

JUDGMENT 1 By summonses for relief filed under s 106 of the Industrial Relations Act 1996 ("the Act") Paul Sheridan Sengos and Madeleine Trading Pty Ltd have each commenced proceedings claiming relief against the respondent FAI Home Security Pty Ltd. Each of the summonses alleges as against the respondent, in effect, unfair conduct which arises out of the same set of circumstances. By arrangement between the parties each of the summonses was heard concurrently with evidence in the one being treated as evidence in the other.