Ricardo Riskalla v The Consulate General of Portugal in Sydney trading as AICEP Portugal (formerly known as ICEP Portugal) [2009] NSWIRComm 185

Industrial Court of New South Wales

CITATION: Ricardo Riskalla v The Consulate General of Portugal in Sydney trading as AICEP Portugal (formerly known as ICEP Portugal) [2009] NSWIRComm 185

APPLICANT: Ricardo Riskalla PARTIES: RESPONDENT: The Consulate General of Portugal in Sydney trading as AICEP Portugal (formerly known as ICEP Portugal)

FILE NUMBER(S): IRC 14 of 2008

CORAM: Backman J

CATCHWORDS: Unfair contract - ex parte hearing - section 106 of the Industrial Relations Act 1996 - applicant employed as field officer by respondent - applicant's contract of employment terminated - applicant's position as field officer made redundant - applicant upon termination receives no payment in lieu of notice and no payment for the last month of his employment - applicant's solid work performance acknowledged by respondent - whether contract of employment was unfair - unfairness found in term of contract and in operation of contract upon termination - relief - orders.

Employment Protection Regulation 2001 LEGISLATION CITED: Industrial Relations Act 1996 Uniform Civil Procedure Rules 2005

Brent and Others v Bastian (2003) 124 IR 223 English v Aradlay Insurance Brokers Pty Ltd (2005) 145 IR 129 Henshaw v Sqribe [2000] NSWIRComm 279 CASES CITED: King v State Bank of NSW (No 2) (2002) 126 IR 407 Shop, Distributive and Allied Employees' Association, New South Wales, and W D & H O Wills Holdings Ltd [2000] NSWIRComm 98 Sydney Water Corporation Ltd and Another v NSW Industrial Relations Commission & Another (2004) 61 NSWLR 661 Westfield Holdings v Adams (2001) 114 IR 241