Daniel Easton v Bourke Air Charter Pty Ltd & Ors [2000] NSWIRComm 155

Industrial Relations Commission of New South Wales in Court Session

CITATION : Daniel Easton v Bourke Air Charter Pty Ltd & Ors [2000] NSWIRComm 155 APPLICANT: Daniel Easton FIRST RESPONDENT: PARTIES : Bourke Air Charter Pty Ltd SECOND RESPONDENT: Bourke Aerial Spraying Pty Ltd THIRD RESPONDENT: Peter Ronald Smart FILE NUMBER: IRC6040 of 1998 CORAM: Kavanagh J CATCHWORDS : s.106 application - newly qualified pilot finds employment with country airline, rates of pay and working conditions including payment of training courses undertaken in pilot's holiday time found to constitute an unfairness - contract declared void - appropriate rates of pay, overtime rate, reimbursement of holiday payment and training costs considered, with Award as guide, as to what is just in the circumstances - question as to whether resignation is held to be a constructive dismissal in all the circumstances - no constructive dismissal found - valid resignation of a dissatisfied employee - no order as to notice Industrial Relations Act 1996 s106 LEGISLATION CITED : Industrial Relations Act 1991 s275 Supreme Court Act 1970 s94 Port Macquarie Golf Club Ltd v Stead & Anor (1995-96) 64 IR 53 Huskisson RSL v Sullivan (1990) 31 IR 404 Newton v Goodman Fielder Mills Ltd (1997) 81 IR 227 CASES CITED : Michael Michaelis Bayley Trading Company v NSW Representatives and Commercial Travellers Guild Re Dismissal 1979 AR 392 Pawel v AIRC (1999) 94 FCR 231 Abboud v The State of NSW (Dept of School Education)(No 2) [2000] NSWIRCom 110