Stephen Aquilina v JNL Electronics (Australasia) Pty Ltd and ors. [2006] NSWIRComm 57

Industrial Relations Commission of New South Wales

CITATION: Stephen Aquilina v JNL Electronics (Australasia) Pty Ltd and ors. [2006] NSWIRComm 57

APPLICANT: Stephen Aquilina

PARTIES: RESPONDENTS: JNL Electronics (Australasia) Pty Ltd - First respondent Ai Xin International Trading Pty Ltd - Second respondent Jun Zhou - Third respondent Li Wei Sang - Fourth respondent

FILE NUMBER(S): IRC 1128 of 2003

CORAM: Haylen J

Unfair contract - Industrial Relations Act 1996 - s 106 - Chief Executive Officer made redundant - 2 months' redundancy paid but no notice provided - employer deducts alleged loan amount of $28,000 from final payout resulting in payment of $2,500 for redundancy - $28,000 not a loan but paid as part of arrangement to provide bonus/commission in advance - contract declared void ab initio - apportionment of 6 months' notice and 3 months' severance among individual respondents - fourth respondent assessed to be liable for 70 per cent of appropriate level of notice and severance - case settled against third respondent CATCHWORDS: Unfair contract - s 106 Industrial Relations Act 1996 - s 106 - parties - four respondents - two companies operating in unison and two shareholders/directors as respondents - corporate respondents sent into liquidation in period between setting date for hearing and hearing - discontinuance against corporate respondents at hearing - third respondent director/shareholder settles at hearing - fourth respondent managing director/shareholder fails to appear - solicitor on record given leave to withdraw - ex parte hearing on liability of fourth respondent - unfairness found - contract declared void - orders made for payment of notice and severance - apportionment amongst individual respondents