NSW Caselaw
Industrial Court of New South Wales
CITATION: Sheiles v T B Clarke (Overseas) Pty Limited [2006] NSWIRComm 382
Applicant: John Sheiles PARTIES: Respondent: T B Clarke (Overseas) Pty Limited
FILE NUMBER(S): IRC 7602 of 2001
CORAM: Backman J
CATCHWORDS: Unfair contract - s 106 of the Industrial Relations Act 1996 - whether respondent held out to applicant that the position of financial controller carried with it the prospect of long-term employment - nature of representations within the context of s106 - whether applicant decided to relocate from Queensland to Sydney based on respondent's representation as to long-term employment - whether contract made adequate provision for notice - whether contract which made no provision for a redundancy payment was unfair - held: contract unfair because it failed to provide for a fair redundancy payment - orders - costs.
Evidence Act 1995 LEGISLATION CITED: Industrial Relations Act 1996 Uniform Civil Procedure Rules 2005
Abboud v NSW (Department of School Education) (No. 2) (2000) 99 IR 299 Fryar v Systems Services Pty Ltd (1996) 137 ALR 321 CASES CITED: Hammond v Manildra Flour Mills Pty Ltd [2003] NSWIRComm 64 Henshaw v Sqribe Technologies Pty Ltd [2000] NSWIRComm 279 Lavings v Barclay Mowlem Construction (NSW) Ltd (1999) 99 IR 247 Murton v T D Preece & Co Pty Ltd [2006] NSWIRComm 367
HEARING DATES: 18/04/2006, 19/04/2006, 20/04/2006. Written submissions: 25/05/2006, 06/06/2006, 16/06/2006.
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