NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Elkins v Full Bloom Pty Ltd [2000] NSWIRComm 223 APPLICANT Barbara Elkins
FIRST RESPONDENT Full Bloom Pty Limited PARTIES : SECOND RESPONDENT Emily Ursula Simpson
THIRD RESPONDENT Jarrod Villanti FILE NUMBER: IRC1842 of 1999 CORAM: Peterson J CATCHWORDS : Unfair contract alleged - joint venture later incorporated for the production and sale of maternity underwear etc - directors working in the business - termination of employment of one director - whether a dismissal or constructive dismissal - whether aspects of the contract or arrangement were unfair (s106) - interest of the director concerned in design of patterns used in the business - application dismissed. LEGISLATION CITED : Industrial Relations Act 1996 s106 Copyright Act 1968 (Cth) CASES CITED : Allison v Bega Valley Council (1995) 63 IR 68 at 76 St Vincents Hospital v Harris (1998) 81 IR 173 at 182 HEARING DATES: 06/14/2000; 06/15/2000; 06/16/2000; 07/19/2000; 07/25/2000 DATE OF JUDGMENT: 11/03/2000
APPLICANT MR J H Pearce of counsel
SOLICITOR Taylor & Scott SYDNEY. LEGAL REPRESENTATIVES: RESPONDENTS Mr A R Moses of counsel
SOLICITOR Tress Cocks & Maddox SYDNEY.
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