Bowman v Ricegrowers Limited (formerly Ricegrowers' Co-operative Limited) [2007] NSWIRComm 204

Industrial Court of New South Wales

CITATION: Bowman v Ricegrowers Limited (formerly Ricegrowers' Co-operative Limited) [2007] NSWIRComm 204

APPELLANT / CROSS RESPONDENT Rod Bowman PARTIES: RESPONDENT / CROSS APPELLANT Ricegrowers Limited (formerly Ricegrowers' Co-Operative Limited)

FILE NUMBER(S): IRC 325 and 476 of 2007

CORAM: Wright J President; Walton J Vice-President; Boland J

Appeal - Cross appeal - Leave to appeal - Unfair contract - Long serving senior manager summarily dismissed for reasons relating to, inter alia, conflict of interest in contracting out work to brother's firm - Contract found to be unfair at first instance - Contract varied to provide for reasonable notice on termination - Money orders made for 15 weeks' pay - Issue on appeal whether trial judge erred in finding the appellant lacked candour in failing to advise employer of conflict of interest - Whether trial judge erred in taking into account what he described as an error of judgment on appellant's part in failing to notify employer of conflict of interest when determining money orders - Appeal upheld - Issues in cross appeal whether claim excluded by virtue of s 109A of Industrial Relations Act 1996 and whether Full Bench lacked jurisdiction be cause of the decision in Sydney Water Corporation Ltd v Industrial Relations Commission of New South Wales (2004) 61 NSWLR 661 - Cross appeal dismissed CATCHWORDS: Unfair contract - Appeal - Cross appeal - Leave to appeal - Long serving senior manager summarily dismissed for reasons relating to, inter alia, conflict of interest in contracting out work to brother's firm - Contract found to be unfair at first instance - Contract varied to provide for reasonable notice on termination - Money orders made for 15 weeks' pay - Issue on appeal whether trial judge erred in finding the appellant lacked candour in failing to advise employer of conflict of interest - Whether trial judge erred in taking into account what he described as an error of judgment on appellant's part in failing to notify employer of conflict of interest when determining money orders - Appeal upheld - Issues in cross appeal whether claim excluded by virtue of s 109A of Industrial Relations Act 1996 and whether Full Bench lacked jurisdiction be cause of the decision in Sydney Water Corporation Ltd v Industrial Relations Commission of New South Wales (2004) 61 NSWLR 661 - Cross appeal dismissed