Abboud v The State of New South Wales (Department of School Education) (No. 2) [2000] NSWIRComm 110

Industrial Relations Commission of New South Wales in Court Session

CITATION : Abboud v The State of New South Wales (Department of School Education) (No. 2) [2000] NSWIRComm 110 APPELLANT: Morris Abboud PARTIES : RESPONDENT: The State of New South Wales (Department of School Education) FILE NUMBER: IRC 6510 of 1998 CORAM: Wright J President at 1; Walton J Vice-President at 1; Schmidt J at 27 CATCHWORDS : Unfair Contract - Fixed term contract - notice provision - contract provided for 2 weeks notice - 10 years prior service - circumstances of termination found to be unfair - regard had to notice period - circumstances of dismissal - nature of termination and whether the contract would have been continued - contractual provisions found to operate unfairly - contractual notice provision varied - compensation awarded - level of compensation - finding that contract would probably have continued to end of fixed term - compensation fixed - interest awarded - calculation of interest LEGISLATION CITED : Industrial Relations Act 1996 ss105 & 106 Industrial Arbitration Act 1940 s88F Abboud v The State of New South Wales (Department of School Education) (1999) 92 IR 32 Day v Lumley Life Pty Limited (1999) 90 IR 70 CASES CITED : Harcourt Brace and Co (Aust) Pty Limited v Cory (1998) 81 IR 321 Thomas Nationwide Transport Ltd v Thomas & Anor (1990) 34 IR 378 Westfield v Helprin (1998) 82 IR 411 Brown v Rezitis (1971) 127 CLR 157 HEARING DATES: 05/14/1999; 12/17/1999 DATE OF JUDGMENT: 06/30/2000