Boniface v SMEC Services Pty Limited and anor [2007] NSWIRComm 301

Industrial Court of New South Wales

CITATION: Boniface v SMEC Services Pty Limited and anor [2007] NSWIRComm 301

APPLICANT: Jack Allan Norman Boniface PARTIES: RESPONDENTS: SMEC Services Pty Limited SMEC Holdings Limited

FILE NUMBER(S): 343 of 2002

CORAM: Marks J

CATCHWORDS: S106 unfair contract proceedings - allegations of unfairness based on lack of provision in contract of employment for resolving disputed expense claims, allegations of misconduct and response thereto and provision for notice of termination - applicant was director and chief executive officer - applicant asked to respond to allegations of misconduct, particularly re expenses - applicant failed to adequately respond - applicant claims explanation was given - applicant summarily dismissed - applicant misconducted himself - applicant failed to make out any grounds of unfairness asserted against respondents - no finding of unfairness - reflection of community standards - applicant was aware of allegations against him and was given fair and reasonable opportunity to respond - respondents justified in summarily dismissing applicant - application dismissed

LEGISLATION CITED: Corporations Law ss 180, 181, 182, 286, 297, 301 Industrial Relations Act 1996 ss 105, 106

Chew v The Queen (1991-1992) 173 CLR 626 Concut Pty Ltd v Worrell [2000] HCA 64 Daniels v Anderson (1995) 37 NSWLR 438 CASES CITED: R v Byrnes (1995) 183 CLR 501 Schwartz v Central Sydney Area Health Service & Anor [2002] NSWIRComm 79 Shepherd v Felton Textiles of Australia Ltd (1931) 45 CLR 359 South Australia v Marcus Clark (1996) 66 SASR 199