NSW Caselaw
Industrial Court of New South Wales
CITATION: Georkas v Stephen Streeting & anor [2007] NSWIRComm 160
APPLICANT: Constantinos Andreas (Dinos) Georkas PARTIES: RESPONDENTS: Stephen Streeting Charger Pty Ltd
FILE NUMBER(S): IRC 1582 and IRC 3209 of 2006
CORAM: Marks J
CATCHWORDS: Unfair contract s106 proceedings - s365 application for recovery of money by courier driver - claim to entitlement to payment pursuant to Contract Determination abandoned - application for recovery of money dismissed - dispute as to number of hours worked - whether remuneration under the contract was unfair - objective approach with regard to all aspects of the contract and competing interests of the parties - level and quantum of remuneration did not render the contracts unfair - contract was terminated by respondent - Held: contract made no provision for termination - contract should be varied to include that it is a contract of indefinite duration and is terminable by reasonable notice - reasonable period of notice fixed at four months
Civil Procedure Act 2005 LEGISLATION CITED: Industrial Relations Act 1996 ss105, 106 and 365 Transport Industry - Courier and Taxi Truck Contract Determination
CASES CITED: Brown v Rezitis (1970) 127 CLR 157
HEARING DATES: 5th June and 6th June 2007
DATE OF JUDGMENT: 3 July 2007
APPLICANT: Mr J Heath of counsel Solicitor: Mr C Serow LEGAL REPRESENTATIVES: Rice More Gibson
RESPONDENTS: Mr S Streeting (in person)
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