Anthony Veghelyi v Sydney Harbour Foreshore Authority [2007] NSWIRComm 54

Industrial Court of New South Wales

CITATION: Anthony Veghelyi v Sydney Harbour Foreshore Authority [2007] NSWIRComm 54 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT: Anthony Veghelyi PARTIES: DEFENDANT: Sydney Harbour Foreshore Authority

FILE NUMBER(S): IRC 6298 of 2003

CORAM: Haylen J

CATCHWORDS: Unfair contract - Industrial Relations Act 1996 - s 106 - three month appointment to temporary position in public service under s 38 Public Sector Management Act 1988- termination of employment after one week because applicant did not hold solicitor's practising certificate - applicant removed from Roll of Solicitors in 1991 for disciplinary reasons - no questions raised during recruitment of need for practising certificate - similar position held by applicant in SRA - applicant approached by recruitment agency - conflicting evidence of what disclosed to applicant in pre-employment interview - respondent conducts wide ranging attack on credit of applicant - jurisdictional issues raised by respondent - orders sought said to be in conflict with provisions of Public Sector Management Act - held Public Sector Management Act and Industrial Relations Act operate to allow s 106 proceedings - proposed orders available - proceedings not caught by s 109A - eligibility for holding practising certificate not essential requirement for appointment to temporary position - applicant led to believe he had prospects of permanent appointment - contract unfair - lack of procedural fairness in process of reviewing applicant's employment - in view of short period of employment practical course to void contract ab inito - no reason why applicant could not have performed duties for three months even if respondent required practising certificate for permanent employment - order for payment amounting to three months' salary