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Concierges Take On Former MacBankerFORMER Macquarie Bank executive Bill Moss is leading a test case of new powers under the Workplace Relations Act in an attempt to stymie a lawsuit brought against him and others by two of their former concierges. The Federal Court was told yesterday the case was the first time the court would rule on the acts ability to exclude the powers of the NSW Industrial Relations Commission to hear unfair contract cases. In February, the two former concierges, Roberto Giunta and Ben Crisafulli, lodged a case in the NSW Industrial Relations Commission against members of the executive committee of the luxury apartment building The Tower, in Pitt Street, Sydney. Committee members include Mr Moss, millionaire racehorse owner Frank Tagg and businessman Joseph Braysich. The former concierges alleged they had been treated unfairly before they were dismissed in July last year, including unfair complaints that they did not carry bags and did not open doors for The Tower residents. Justice Peter Graham quizzed the solicitor for the two men, Chris McArdle, about the original action being laid against the executive committee and not the mens employer, a concierge business called Carpe Diem. "You might care to think about why youre suing the people youre suing," Justice Graham said. Mr McArdle said there was a broad definition of the word contract under the NSW Industrial Relations Act that governed a contract between the executive committee and the former concierges. Under the new federal industrial relations laws, there was no ability to sue corporations (with fewer than 100 people) for unfair dismissal. But Andrew Metcalfe, counsel for Mr Moss and eight other committee members, said the new federal laws defined the relation between employers and employees, and he sought Federal Court orders overruling the ability of the NSW court to hear the case. "We say they are suing them, in effect, on the basis that they happened to live in the same building," he said. The matter was set down for mention in the Federal Court on August 30. Tag CloudExternal InformationAdditional InformationComputers that digest the news to change trading...Addenda: Agencies Quit SABMiller Unit Over ?Creative Differences?... A Genetically Modified Potato, Not for Eating, Is Stirring Some Opposition in Eu... McClatchy’s Profit Falters on Ad Sales... Where Am I?News Main Page - Business - Concierges Take On Former MacBanker |
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