Sinadinos v EDI Rail Pty Limited [2007] NSWIRComm 294

Industrial Relations Commission of New South Wales in Court Session

CITATION: Sinadinos v EDI Rail Pty Limited [2007] NSWIRComm 294

APPLICANT Tas Sinadinos PARTIES: RESPONDENT EDI Rail Pty Limited

FILE NUMBER(S): 6325 of 2005

CORAM: Marks J

CATCHWORDS: S106 unfair contract proceedings - applicant issued with corporate credit card - applicant's employment summarily terminated by respondent as a result of discovery of certain expenses on corporate credit card - applicant alleges permission was given to use corporate credit card for certain personal expenditure so as to track living away from home expenses - allegation of permission denied - applicant accused of gross misconduct for misuse of corporate credit card - employment terminated on grounds of gross misconduct - applicant indicated on statement that "other" expenses had been "paid directly" - "manager authorisation" signed on claim form - expenses incurred by applicant on corporate credit card were not reimbursed by applicant - contra proferentem rule - applicant entitled to payment of one month's salary - applicant was obliged to discharge any personal liability accruing to the corporate credit card promptly and within a reasonable period - applicant did not discharge personal indebtedness in a sufficiently regular and timely fashion - applicant misused entitlement to utilise respondent's assets - respondent was entitled to terminate applicant's contract of employment immediately - respondent did not conduct itself unfairly re applicant's termination - representation made to applicant of entitlement to participate in incentive scheme - held unfair to deny applicant to entitlement under incentive scheme which had accrued due prior to dismissal - contract varied from time entered into to provide that if on 1 July contract of employment subsists there is entitlement to payment under incentive scheme - applicant entitled to interest - costs reserved