Vincenzo Paparo v Moree Plains Shire Council [2005] NSWIRComm 35 (17 February 2005)

Last Updated: 21 February 2005

NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION

CITATION : Vincenzo Paparo v Moree Plains Shire Council [2005] NSWIRComm 35

FILE NUMBER(S): IRC 8234 of

HEARING DATE(S): 17/02/2005

DECISION DATE: 17/02/2005

PARTIES:

APPLICANT:

Vincenzo Paparo

RESPONDENT:

Moree Plains Shire Council

JUDGMENT OF: Haylen J

LEGAL REPRESENTATIVES

APPLICANT:

Mr M J Heath of counsel

SOLICITORS:

Carneys Lawyers

DEFENDANT:

Mr A Moses of counsel

SOLICITORS:

Hunt & Hunt

CASES CITED:

LEGISLATION CITED:

JUDGMENT:

- 2 -

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

IN COURT SESSION

CORAM: HAYLEN J

17 February 2005

Matter No. IRC 8234 of 2001

Vincenzo Paparo v Moree Plains Shire Council

Application under s 106 of Industrial Relations Act 1996

ORDERS

[2005] NSWIRComm 35

The Court orders as follows:

1 The contract of employment between the applicant and the respondent is declared to be unfair.

2 An order that the contract of employment between the applicant and the

respondent with respect to Clause 9.1.6 of the contract of employment dated 17 November 1999 ("the Contract") be varied so as to provide that, in the event of termination, the respondent pay to the applicant 12 months' pay by way of notice in lieu of the existing provision as to payment of notice.

3 An order that the contract be varied so as to insert a provision entitling the applicant to a bonus payment and in the event of termination, the respondent pay to the applicant a bonus in the sum of $4,000.

4 An order that the respondent pay to the applicant 12 months' notice calculated upon a salary of $135,000 (gross) per annum and a bonus of $4,000 gross less the sum of $33,750 (gross) already paid, being the sum of $105,250 (less applicable tax).

5 An order the respondent pay to the applicant $4,000 (less applicable tax).

6

An order that the respondent pay to the applicant interest in the amount of $31,164.73 being interest at the prescribed rate on the amounts referred to in Orders 2 and 3 and accruing from 11 December 2001 until 31 January 2005.

7 An order that the respondent pay the applicant's costs of these proceedings on a party/party basis prior to 1 February 2003 and thereafter on an indemnity basis.

LAST UPDATED: 17/02/2005