NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Chant v Shennen Publishing & Publicity Company Pty Limited (In liquidation) & Ors [2005] NSWIRComm 337
APPLICANT: Gary Graeme Chant
FIRST RESPONDENT: Shennen Publishing & Publicity Company Pty Limited (In liquidation) (ABN 92 000 253 654)
PARTIES: SECOND RESPONDENT: Media Investments Australia Pty Limited (ABN 86 095 435 162)
THIRD RESPONDENT: Mark Stegman
FILE NUMBER(S): IRC 3364 of 2004
CORAM: Schmidt J
Unfair Contract - failure of respondents to appear at conciliation or the hearing - ex-parte hearing - employment terminated without notice - outstanding payment of wages - outstanding payment of statutory entitlements - outstanding payment of contractual entitlements - leave from Supreme Court to proceed against liquidated company - termination of employment - applicant a sales executive - thirty years of service - unfairness demonstrated in relation to notice of termination and redundancy pay - contract found unfair - orders made - costs CATCHWORDS:
Corporations Act 2001 LEGISLATION CITED: Industrial Relations Act 1996
Ace Business Brokers Pty Ltd v Phillips-Treby (2000) 100 IR 420 Brown v Rezitis (1970) 127 CLR 157 Cornell v Titley (2002) 119 IR 334 CASES CITED: Newton v Goodman Fielder Mills Ltd (1997) 81 IR 227 Re Application for Redundancy Awards (1994) 53 IR 419 Westfields Holdings v Adams (2001) 114 IR 241
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