Rod Bowman v Ricegrowers' Co- operative Limited [2007] NSWIRComm 27

Industrial Relations Commission of New South Wales in Court Session

CITATION: Rod Bowman v Ricegrowers' Co- operative Limited [2007] NSWIRComm 27

APPLICANT Rod Bowman PARTIES: RESPONDENT Ricegrowers' Co- operative Limited

FILE NUMBER(S): IRC 1061 of 2003

CORAM: Marks J

Unfair Contract - Applicant appointed materials manager of respondent - responsible to provide overall central planning and logistical role - applicant engaged brother's company to provide services for respondent - applicant made aware of conflict of interest - applicant did not disclose relationship - applicant's employment terminated summarily - whether arrangement highly uncommercial - whether applicant's failure to disclose constituted an error of judgment or serious misconduct - whether failure justified summary dismissal. HELD: Necessary to assess particular conduct in circumstances of particular employment relationship - no protocol established by respondent concerning conflicts of interest - arrangement with company not uncommercial - applicant should have disclosed relationship - misconduct did not justify summary termination.

CATCHWORDS: Jurisdiction s109A- Whether claim was for unfair dismissal - whether applicants claim was for breach of contract of employment. Held: applicant alleges deficiencies in provisions - absence of protocol dealing with conflict of interest - absence of protocol dealing with allegations of serious misconduct - claim based on unfair contract.

Contract of employment found to be unfair & varied accordingly - monetary order - costs reserved.

LEGISLATION CITED: Industrial Relations Act 1996