Keycorp Limited v Michael Thomes [2004] NSWIRComm 376

Industrial Relations Commission of New South Wales in Court Session

CITATION : Keycorp Limited v Michael Thomes [2004] NSWIRComm 376 revised - 17/12/2004 APPELLANT Keycorp Limited PARTIES : RESPONDENT Michael Thomes FILE NUMBER: IRC 7 of 2004 CORAM: Boland J; Staff J; Backman J Appeal - Application for leave to appeal - Unfair Contract - Senior executive - Whether there was impermissible bias on the part of the trial judge to the extent the trial miscarried - Whether pre-contractual misrepresentations rendered the contract unfair - Whether appellant had by its conduct repudiated the contract - Whether variation of contract by trial judge reflected his findings of unfairness - Respondent's entitlement to performance bonuses - Calculation of bonus entitlements - Whether notice / severance payments ordered by trial judge excessive - Leave to appeal granted - Appeal upheld - Orders of trial judge set aside - New orders made - Costs

CATCHWORDS : Unfair Contract - Appeal - Application for leave to appeal - Senior executive - Whether there was impermissible bias on the part of the trial judge to the extent the trial miscarried - Whether pre-contractual misrepresentations rendered the contract unfair - Whether appellant had by its conduct repudiated the contract - Whether variation of contract by trial judge reflected his findings of unfairness - Respondent's entitlement to performance bonuses - Calculation of bonus entitlements - Whether notice / severance payments ordered by trial judge excessive - Leave to appeal granted - Appeal upheld - Orders of trial judge set aside - New orders made - Costs