NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Hairman v FileNET Corporation Pty Limited [2001] NSWIRComm 318 APPLICANT: David Hairman PARTIES : RESPONDENT: FileNET Corporation Pty Limited (ACN 056 639 500) FILE NUMBER: IRC 3065 of 2000 CORAM: Schmidt J CATCHWORDS : Unfair Contract - fairness of a commission scheme - loss of potential payments on resignation - purpose of scheme to include inducement to remain in employment - respective conduct of parties - contract not unfair - application dismissed LEGISLATION CITED : Industrial Relations Act 1996 Armory v Delamere (1722) 1 Stra 505 Davies & Anor v General Transport Development Pty Ltd & Ors [1967] AR (NSW) 371 Hodges & Ors v Streets Ice Cream Pty Limited (1985) 11 IR 60 CASES CITED : Houghton & Anor v Immer (No 155) Pty Limited (1997) 44 NSWLR 46 LJP Investments Pty Limited v Howard Chia Investments Pty Limited (No 2) (1990) 24 NSWLR 499 Stevenson v Barham (1977) 136 CLR 190 Westfield Limited & Anor v Helprin (unreported, Cahill VP, Hungerford and Schmidt JJ, 23 March 1997) HEARING DATES: 10/29/2001; 10/30/2001; 10/31/2001 DATE OF JUDGMENT: 12/07/2001
APPLICANT: Mr J Fernon of counsel SOLICITORS: Lazarus Smith Lawyers LEGAL REPRESENTATIVES: RESPONDENT: Mr J Phillips of counsel SOLICITORS: Baker & McKenzie Solicitors
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