Salhab v Rizk & Ors [2007] NSWIRComm 65

Salhab v Rizk & Ors [2007] NSWIRComm 65

The Court accepted the unchallenged evidence that Mr Rizk employed Mr Salhab throughout the relevant period and that any purported involvement of other business names or entities did not alter the employment relationship because there was no notice or consent to any change of employer. The contract and associated conduct allowed Mr Rizk, through deliberate subterfuges, to obtain Mr Salhab's labour while avoiding contractual, award and statutory obligations. The contract was therefore unfair and contrary to the public interest, and justice required it to be declared void other than as to payments already made, with consequential money orders for unpaid entitlements, interest and costs.

Jurisdiction
Australia
Judgment Date
26 March 2007
Procedural Posture
Application Under S.106 of the Industrial Relations Act 1996 Concerning an Unfair Contract / Ex Parte Hearing and Judgment
Outcome
Contract declared void other than in relation to payments made; Mr Rizk ordered to pay Mr Salhab $113,540.85 plus interest and costs.
Legal Topics
['unfair Contract' 'employment Entitlements' 'avoidance of Award and Statutory Obligations' 'public Interest' 'costs']
['industrial Law' 'employment Law'] ['unfair Contract' 'employment Entitlements' 'avoidance of Award and Statutory Obligations' 'public Interest' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Under S.106 of the Industrial Relations Act 1996 Concerning an Unfair Contract / Ex Parte Hearing and Judgment

Legal Issues

  1. 1 ['Whether Mr Rizk employed Mr Salhab between 1998 and 2004 despite references to other business names and entities.' 'Whether the contract or arrangement was unfair, harsh or unconscionable, against the public interest, or designed to or did avoid an industrial instrument.' 'Whether the contract should be declared void and consequential money orders made for annual leave, annual leave loading, long service leave and superannuation entitlements.']

Ratio Decidendi

The Court accepted the unchallenged evidence that Mr Rizk employed Mr Salhab throughout the relevant period and that any purported involvement of other business names or entities did not alter the employment relationship because there was no notice or consent to any change of employer. The contract and associated conduct allowed Mr Rizk, through deliberate subterfuges, to obtain Mr Salhab's labour while avoiding contractual, award and statutory obligations. The contract was therefore unfair and contrary to the public interest, and justice required it to be declared void other than as to payments already made, with consequential money orders for unpaid entitlements, interest and costs.

Court Disposition

Contract declared void other than in relation to payments made; Mr Rizk ordered to pay Mr Salhab $113,540.85 plus interest and costs.

Orders

  • ['The contract be declared void, other than in relation to payments made thereunder.' 'Mr Rizk pay Mr Salhab the sum of $113,540.85, plus interest, calculated from the date of termination of the contract in December 2003, until the date of judgment.' 'Mr Rizk pay Mr Salhab the costs of the proceedings, as agreed or...