Gambotto v John Fairfax Publications Pty Ltd [2001] NSWIRComm 87

Gambotto v John Fairfax Publications Pty Ltd [2001] NSWIRComm 87

The Commission had no jurisdiction to entertain the applicant's claims concerning contracts between the respondent and other journalists because those contracts were not collateral arrangements to the applicant's contract and the applicant had no standing under s.108 in respect of them. However, the applicant's claims concerning her own former contract were not so obviously untenable as to warrant summary dismissal: post-employment conduct directly referable to the contract and arguably amounting to breach of an implied obligation of trust and confidence could arguably render the contract unfair under s.106.

Jurisdiction
Australia
Judgment Date
01 May 2001
Procedural Posture
Application Under S.106 of the Industrial Relations Act 1996 Alleging an Unfair Contract / Interlocutory Judgment on the Respondent's Motion to Dismiss or Stay the Proceedings for Want of Jurisdiction
Outcome
Respondent's motion granted in part and otherwise rejected.
Legal Topics
['jurisdiction Under S.106 and S.107 of the Industrial Relations Act 1996' 'freelance Journalist Contract' 'implied Term of Mutual Trust and Confidence' 'post Employment Conduct' 'collateral Arrangements' 'standing Under S.108']
['industrial Relations' 'employment Contracts' 'unfair Contracts'] ['jurisdiction Under S.106 and S.107 of the Industrial Relations Act 1996' 'freelance Journalist Contract' 'implied Term of Mutual Trust and Confidence' 'post Employment Conduct' 'collateral Arrangements' 'standing Under S.108']

Case Brief

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Procedural Posture

Application Under S.106 of the Industrial Relations Act 1996 Alleging an Unfair Contract / Interlocutory Judgment on the Respondent's Motion to Dismiss or Stay the Proceedings for Want of Jurisdiction

Legal Issues

  1. 1 ["Whether the Commission had jurisdiction under s.106 or s.107 of the Industrial Relations Act 1996 to determine claims arising from the respondent's post-employment publications about the applicant." "Whether contracts between the respondent and other journalists were collateral arrangements to the applicant's contract." 'Whether the applicant had standing under s.108 to seek orders concerning contracts between the respondent and other journalists.' "Whether the applicant's claim was so manifestly groundless or colourable that it should be dismissed summarily." "Whether post-employment conduct arguably amounting to breach of an implied obligation of trust and confidence could render the applicant's contract unfair in the statutory sense."]

Ratio Decidendi

The Commission had no jurisdiction to entertain the applicant's claims concerning contracts between the respondent and other journalists because those contracts were not collateral arrangements to the applicant's contract and the applicant had no standing under s.108 in respect of them. However, the applicant's claims concerning her own former contract were not so obviously untenable as to warrant summary dismissal: post-employment conduct directly referable to the contract and arguably amounting to breach of an implied obligation of trust and confidence could arguably render the contract unfair under s.106.

Court Disposition

Respondent's motion granted in part and otherwise rejected.

Orders

  • ['The motion was granted to the extent it sought to limit the application in its reliance on claimed collateral arrangements, involving the s.107 claim.' "The motion was rejected with respect to the applicant's claims in respect of her former contract or arrangement with the respondent." 'The respondent was directed...