NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: David Huddlestone v QBE Management Services Pty Ltd [2007] NSWIRComm 53
APPLICANT David Huddlestone PARTIES: RESPONDENT QBE Management Services Pty Ltd
FILE NUMBER(S): IRC 7333 of 2004
CORAM: Marks J
CATCHWORDS: Unfair Contract - applicant gave written notice to terminate employment to return to United Kingdom - whether agreement reached that applicant could take 12 month unpaid sabbatical - whether respondent did provide notice - whether applicant entitled to bonus. HELD: On basis of applicant's claim respondent gave 12 months notice - applicant did not discharge burden of proving existence of contract of employment in terms asserted - contract of employment terminated when applicant gave written notice - no unfairness found in bonus scheme - summons dismissed.
LEGISLATION CITED: Industrial Relations Act 1996
HEARING DATES: 28 February 2007; 1March 2007
DATE OF JUDGMENT: 23 March 2007
APPLPICANT In person
LEGAL REPRESENTATIVES: RESPONDENT Mr A B Gotting of counsel SOLICITOR: Ms M Skinner/ Mr B Heddle Clayton Utz
JUDGMENT:
- 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: Marks J
Friday, 23 March 2007
Matter No IRC 7333 of 2004
David Huddlestone v QBE Management Services Pty Ltd
Application under s 106 of the Industrial Relations Act 1996
JUDGMENT
[2007] NSWIRComm 53
1 The applicant in these proceedings David Huddlestone seeks relief under s 106 of the Industrial Relations Act 1996 ("the Act") against the respondent QBE Management Services Pty Ltd ("QBE"). Ss 105 and 106 of the Act are in the following terms:
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