Get Ahead Wealth Solutions Pty Ltd and anor v JLF Corporation Pty Ltd [2008] NSWIRComm 61

Industrial Court of New South Wales

CITATION: Get Ahead Wealth Solutions Pty Ltd and anor v JLF Corporation Pty Ltd [2008] NSWIRComm 61

FIRST APPLICANT Get Ahead Wealth Solutions Pty Ltd PARTIES: SECOND APPLICANT Joanne Marie Reid RESPONDENT JLF Corporation Pty Ltd

FILE NUMBER(S): 3529 of 2006

CORAM: Marks J

CATCHWORDS: S106 unfair contract proceedings - consultancy agreement - payment of advance commission - use of company structure - claim of constructive dismissal - respondent sought repayment of advance commissions - failure to receive adequate remuneration - special conditions with respect to advance commissions - personality difficulties - probation period - tension between representations made and expectations of performance - unfairness judged on objective basis - reflection of community values and standards - unfair, unconscionable and harsh to permit performance of full time work without any remuneration - notice or payment in lieu should have been given - no unfairness associated with use of company structure - contract unfair - varied from inception - monies advanced to be treated as earnings - repayment of training fees - mitigation - costs and interest reserved.

LEGISLATION CITED: Industrial Relations Act 1996 ss105, 106

CASES CITED: Schwartz v Central Sydney Area Health Service & Anor [2002] NSWIRComm 79 Westfield Holdings v Adams (2001) 114 IR 241

HEARING DATES: 11, 12 and 13 February 2008 10 and 26 March 2008 (written submissions)

DATE OF JUDGMENT: 3 April 2008

FIRST AND SECOND APPLICANTS Mr B Cross of counsel Solicitors: Stevens & Associates Mr N Stevens LEGAL REPRESENTATIVES: RESPONDENT Mr A Metcalfe of counsel Solicitors Ebsworth & Ebsworth Lawyers Ms A DeBoos