NSW Caselaw
Industrial Court of New South Wales
CITATION: Domanko v Business Catalyst International Pty Ltd (No 2) [2009] NSWIRComm 219
Robert Domanko (Applicant) Business Catalyst International Pty Ltd (First Respondent) PARTIES: Zia Qureshi (Second Respondent) Business Catalyst Consulting Pty Ltd (Third Respondent) Business Catalyst (Hong Kong) Ltd (Fourth Respondent)
FILE NUMBER(S): IRC 581 of 2005
CORAM: Staff J
CATCHWORDS: UNFAIR CONTRACT - section 106 of the Industrial Relations Act 1996 - termination of employment - whether contract unfair in failing to provide for reasonable notice, redundancy - permitting a salary reduction by 30 per cent for three months due to lack of profitability - failing to vary contract to increase remuneration package - failing to provide monetary value of 20,000 unit in employee participation trust - failing to pay discretionary bonus - held - contract unfair in failing to provide for redundancy and reasonable notice - no unfairness found in respect of balance of claims - whether second respondent had necessary connection to unfair contract - second respondent ordered to pay monetary order - costs
LEGISLATION CITED: Industrial Relations Act 1996 Uniform Civil Procedure Rules 2005
Brown and ors v Rezitis and ors (1970) 127 CLR 157 CASES CITED: Domanko v Business Catalyst International Pty Ltd and anor [2008] NSWIRComm 120 Unitedglobalcom, Inc v Industrial Relations Commission (NSW) in Court Session (2005) 142 IR 204 Westfield Holdings v Adams (2001) 114 IR 241
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