NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Duffy v Lake Macquarie City Council [2001] NSWIRComm 118 APPLICANT Cheryl-Anne Duffy PARTIES : RESPONDENT Lake Macquarie City Council FILE NUMBER: IRC3682 of 1999 CORAM: Peterson J CATCHWORDS : Unfair contract - s106 - fixed three-year term performance-based contract - provision for termination on notice - termination of employment - restructure of Council - position readvertised internally and externally - redeployment sought - relevance of minor issues of complaint - termination found to be harsh and unfair. LEGISLATION CITED : Industrial Relations Act 1996 s106 CASES CITED : Abboud v State of New South Wales (No 2) [2000] 99 IR 299 at 306-307 per Schmidt J (dissenting, but accepted by Wright P and Walton J at 303, [2000] NSWIRComm 110 pars. 44-49 and 25) HEARING DATES: 07/31/2000; 08/01/2000; 08/03/2000; 08/07/2000; 08/15/2000; 11/09/2000; 11/10/2000 DATE OF JUDGMENT: 05/25/2001
APPLICANT Ms K T Nomchong of counsel
SOLICITOR Mullane & Lindsay, NEWCASTLE. LEGAL REPRESENTATIVES: RESPONDENT Mr B D Hodgkinson of counsel
AGENT Local Government Association of NSW SYDNEY.
JUDGMENT:
- 24 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
IN COURT SESSION
CORAM: PETERSON J
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