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[2003] NSWIRComm 175
Industrial Relations Commission (NSW)
2003-07-04
Sams DP
Original judgment source is linked above.
The applicant's period of employment is taken not to have been broken by the dismissal.
This order shall take effect no later than 14 days from today.
Any application for costs must be made by notice of motion within 21 days of today.
DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.
Bankstown City Council
Paris
It has been said that those words are a 'tautological trinity' ( Davis v General Transport Development Pty Ltd ) [1967] AR 371) but we prefer to take the view that there is a perceptible difference between the meaning of the term 'unfair' and that of the terms 'harsh' and 'unconscionable'. What is unfair may not be so unfair as to be 'harsh'. But, whether this view be correct or not, once the transaction is found to be unfair the Commission may proceed to exercise its very wide power.
(1999) 93 IR 209
(1995) 61 IR 32
(1993) 51 IR 167
(1999) 91 IR 385