NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Jay v Australian Rugby League Limited & Anor [2000] NSWIRComm 114 APPLICANT: David Craig Jay PARTIES : FIRST RESPONDENT: Australian Rugby League Limited SECOND RESPONDENT: NSW Rugby League Limited FILE NUMBER: IRC6334 of 1998 CORAM: Kavanagh J CATCHWORDS : s106 Industrial Relations Act, 1996 - contract to referee rugby league matches - challenge by applicant to the selection criteria used for choosing referees as unfair under the contract - question of fairness in the conduct of the performance review a term of the contract - question whether there was the arbitrary allocation of refereeing work - the obligation to attend training whether it was a term under the contract - whether an unfairness when demoted after one particular game - contract found fair in both terms and performance except in relation to two match payments. Industrial Relations Act 1996 s106 LEGISLATION CITED : Industrial Relations Act 1991 s275 Evidence Act 1995 Pt 3.7 State Rail Authority of NSW v Earth Line Constructions Pty Limited (In Liq & Ors) (1999) 160 ALR 588 CASES CITED : Port Macquarie Golf Club Ltd v Stead & Anor (1995-1996) 64 IR 53 Furzey v Thorn EMI Pty Ltd (1991) 44 IR 223 Hand v Adelaide Bank (1997) 72 IR 289 HEARING DATES: 03/13/2000; 03/14/2000; 05/08/2000; 05/18/2000 DATE OF JUDGMENT: 07/14/2000
APPLICANT: Dr J. P. Berwick of counsel SOLICITORS: James LEGAL REPRESENTATIVES: RESPONDENT: Mr S. B. Benson of counsel SOLICITORS: Colin W Love & Co
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