NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Haddadi v Solectron Australia Pty Limited [2003] NSWIRComm 472 MOHAMED HADDADI Applicant PARTIES : SOLECTRON AUSTRALIA PTY LIMITED ACN 073 759 145 FILE NUMBER: IRC 1936 of 2001 CORAM: Schmidt J CATCHWORDS : Unfair contract - telecommunications industry - failure to provide agreed options - takeover - failure to make good entitlement to options - dismissal for unsatisfactory performance - no grounds for termination on that basis - fairness of contract - unfairness found in relation to options and contractual termination provision - contract declared void - consequential money orders in relation to value of options and payment of balance of contractual term - interest - costs LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : Reich v Client Server Professionals of Australia Pty Ltd (Administrator Appointed) (2000) 49 NSWLR 551, (2000) 99 IR 69 Westfield Holdings v Adams (2001) 114 IR 241 HEARING DATES: 09/09/2003; 09/10/2003; 09/11/2003; 09/15/2003; 09/16/2003; 09/17/2003; 09/18/2003; 11/11/2003 DATE OF JUDGMENT: 12/19/2003
APPLICANT: Mr P Coleman of counsel SOLICITORS: Carroll & Associates LEGAL REPRESENTATIVES: RESPONDENT: Mr S Prince of counsel SOLICITORS: Minter Ellison
JUDGMENT: - 54 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: Schmidt J
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