NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Sisley v Ellenberger t/as GEB Security [2004] NSWIRComm 341 APPLICANT Nellie Sisley PARTIES : RESPONDENT Gustav Ellenberger t/as GEB Security FILE NUMBER: 3566 of 2002 CORAM: Marks J CATCHWORDS : Exparte judgment - unfair contracts and arrangment - employer refused to employ security guard as employee - paid less than award - contract varied to provide payment of all amounts entitled as employee at law - order for compensation made based on amended schedule of entitlement calculations. LEGISLATION CITED : Industrial Relations Act 1996 ss 105 106 Legal Profession Act HEARING DATES: 11/05/2004 DATE OF JUDGMENT: 11/19/2004
APPLICANT Solicitor: Mr R Mitchell Employment Lawyers LEGAL REPRESENTATIVES: RESPONDENT No appearances
JUDGMENT: - 5 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: MARKS J Friday 19 November 2004
Matter No IRC 3566 of 2002 NELLIE SISLEY v GUSTAV ELLENBERGER t/as GEB Security Application under s 106 of the Industrial Relations Act 1996
JUDGMENT
1 In these proceedings the applicant, Nellie Sisley, seeks relief against the respondent, Gustav Ellenberger trading as GEB Security, under s 106 of the Industrial Relations Act 1996 ("the Act"). Sections 105 and 106 of the Act are in the following terms:
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