Thomson and anor v Societe Generale Australia Limited and anor [2006] NSWIRComm 24

Industrial Relations Commission of New South Wales

CITATION: Thomson and anor v Societe Generale Australia Limited and anor [2006] NSWIRComm 24

FIRST APPLICANT Michael Thomson

SECOND APPLICANT Bengoal Pty Ltd PARTIES: FIRST RESPONDENT Societe Generale Australia Limited

SECOND RESPONDENT Societe Generale

FILE NUMBER(S): 1795 of 2002

CORAM: Marks J

s 106 - unfair contract - whether termination of employment unfair - whether terms of remuneration and entitlements unfair - code of conduct - several incidents in breach of code - warnings - ongoing dispute regarding applicant's bonus entitlements at time of termination - whether applicant terminated because of breach of code of conduct or entitlements dispute - determinative process of relevant unfairness.

CATCHWORDS: Remuneration Entitlements: Terms of employment contract - special conditions clauses regarding bonus entitlements - applicant introduced significant clients to respondents - bonus entitlements dependant on completed transactions with introduced clients - wording of special conditions clauses - differing intentions of the parties regarding application of special conditions clauses - meaning of "net revenue" - "credit charge" or "return on equity" - claims for lost income and opportunity - consideration of Sydney Water v Industrial Relations Commission of New South Wales.

HELD: Special conditions clauses did not reflect understanding of parties reached during negotiations - contract unfair by reason of respondents' conduct in applying special conditions - proceedings stood over to allow parties to consider reasons for judgment with liberty to apply - costs reserved.