NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Roger v Adsteam Agency Pty Limited [2006] NSWIRComm 89
APPLICANT: David Roger PARTIES: RESPONDENT: Adsteam Agency Pty Limited (ACN 077 306 453)
FILE NUMBER(S): IRC 7387 of 2003
CORAM: Schmidt J
Unfair contract - applicant headhunted - share scheme - whether applicant was promised shares as an inducement to accept offer of employment - claim made out - whether employment contract was for permanent ongoing employment or for a fixed term - fixed term agreed - notice claim not made out - claim for additional notice refused - contract varied in relation to promised shares CATCHWORDS: Evidence - section 69 of the Evidence Act 1995 - admissibility and relevancy of document - business record rejected
Evidence Act 1995 LEGISLATION CITED: Industrial Arbitration Act 1940 Industrial Relations Act 1996
Davies & Anor v General Transport Development Pty Ltd [1967] AR (NSW) 371 CASES CITED: Drabsch v Switzerland General Insurance Co Ltd [1999] NSWSC 1030 National Australia Bank Ltd v Rusu and Ors (1999) 47 NSWLR 539 Stevenson v Barham (1977) 136 CLR 190
HEARING DATES: 25/10/05, 06/02/06, 07/02/06
DATE OF JUDGMENT: 03/16/2006
APPLICANT: Mr J Sleight of counsel SOLICITORS: Matthew Hourn LEGAL REPRESENTATIVES:
RESPONDENT: Mr J Clarke of counsel SOLICITORS: Clayton Utz
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