NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Khalil Mayelikohan v Rez Ashrafpour [2006] NSWIRComm 232
APPLICANT: Khalil Mayelikohan PARTIES: RESPONDENT: Rez Ashrafpour
FILE NUMBER(S): IRC 982 of 2004
CORAM: Staunton J
CATCHWORDS: Unfair contract alleged - application for relief relating to contract of employment - no appearance by respondent despite service and reply to summons filed - matter dealt with ex parte - date of commencement of employment contract determined - satisfied no monies paid to applicant pursuant to contract of employment - respondent wrongfully offset monies owed for wages against other alleged loans/debts as between the parties - Chapter 2 Part 10 of the Industrial Relations Act 1996 relevant - contract relevantly unfair - contract varied ab initio relying on Joiners (State) Award as benchmark - money order made in favour of applicant as to wages, superannuation, overtime and severance pay - orders as to interest and costs.
LEGISLATION CITED: Industrial Relations Act 1996 Supreme Court Act 1970
HEARING DATES: 03/07/2006
DATE OF JUDGMENT: 07/18/2006
APPLICANT: Mr R deMeyrick of counsel SOLICITORS: LEGAL REPRESENTATIVES: CBD Law
RESPONDENT: No appearance
JUDGMENT: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: Staunton J DATE: 18/7/2006
Matter No IRC 982 of 2004 Khalil Mayelikohan v Rez Ashrafpour
Application for relief pursuant to s 106 of the Industrial Relations Act 1996
JUDGMENT [2006] NSWIRComm 232
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