NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Burks v Zanmarl Pty Limited [2000] NSWIRComm 167 APPLICANT Victor Lee Burks PARTIES : RESPONDENT Zanmarl Pty Limited trading as Welcome Mart Supermarket & Anor FILE NUMBER: IRC 322 of 1999 CORAM: Glynn J CATCHWORDS : Unfair contract - probationary period of three months - provision for two weeks notice - no provision for payment in lieu of notice - period of employment of four days prior to termination - claim that termination unfair rejected - claim that termination was in nature of redundancy rejected - contract found unfair in the circumstances as lacking provision for payment in lieu of notice - orders made. LEGISLATION CITED : Industrial Relations Act 1996 s 105(a) S 106 Beahan v Bush Boake Allen Australia Limited (1999) 93 IR 35 CASES CITED : Brown v Rezitis (1970) 127 CLR 157 Browne v Dunn [1894] 6 R (HL) 67 HEARING DATES: 05/03/2000; 05/04/2000; 06/16/2000 DATE OF JUDGMENT: 08/25/2000
APPLICANT Mr P Coleman of counsel SOLICITORS Mr C Hughes LEGAL REPRESENTATIVES: Bondfield Riley
RESPONDENTS Mr R B Winn (Respondent in person)
JUDGMENT: - 34 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: GLYNN J
25 AUGUST 2000
MATTER NO. IRC322 OF 1999
VICTOR LEE BURKS v ZANMARL PTY LIMITED TRADING AS WELCOME MART SUPERMARKET & ANOR Application under section 106 of the Industrial Relations Act 1996
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate