NSW Caselaw
Industrial Court of New South Wales
CITATION: Samantha Salamon v TAB Limited [2006] NSWIRComm 174 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT Samantha Salamon PARTIES: RESPONDENT TAB Limited
FILE NUMBER(S): IRC 3193 of 2004
CORAM: Boland J
CATCHWORDS: Unfair Contract - Application under section 106 of the Industrial Relations Act 1996 - TAB agency agreement terminated summarily for breach by agent of cash control procedures and engaging in betting arrangements with customers - Whether applicant established unfairness on balance of probabilities - No unfairness - Application dismissed
LEGISLATION CITED: Industrial Relations Act 1996 Totalisator Act 1997
Baker v National Distribution Services Ltd (1993) 50 IR 254 Bennett v BP Australia Limited (unreported, No. 632 of 1983, 28 March 1984) CASES CITED: BP Australia Ltd v Klepat Pty Ltd (1982) 2 IR 352 Hammond v Manildra Flour Mills Pty Ltd [2003] NSWIRComm 64 Jones v Dunkel (1959) 101 CLR 298 Steman & Salamon [2004] NSWIRComm 1126
HEARING DATES: 03/04/2006, 04/04/2006, 05/04/2006, 06/04/2006, 18/04/05, 26/04/2006
DATE OF JUDGMENT: 05/24/2006
APPLICANT Mr R de Meyrick of counsel Solicitor: Mr G Watson T D Kelly & Co LEGAL REPRESENTATIVES:
RESPONDENT Mr J V Murphy of counsel Solicitor: Mr N Stevens Stevens & Associates
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