Smith v Spotless (No 1) [2005] NSWIRComm 341

Industrial Relations Commission of New South Wales

CITATION: Smith v Spotless (No 1) [2005] NSWIRComm 341

Suzanne Smith PARTIES: Spotless Services Australia Limited

FILE NUMBER(S): IRC 1163 of 2005, IRC 1164 of 2005

CORAM: Harrison DP

CATCHWORDS: Applications pursuant to s84, unfair dismissal and s213 relief from victimisation - Interlocutory determination - withdrawal of union from proceedings allowed - application by Notice of Motion to set aside terms of setttlement refused - no bar to further proceedings pressed by applicant - matters to be argued in full - directions issued

Industrial Relations Act 1996 LEGISLATION CITED: Industrial Relations Commission Rules 1996 Workplace Injury Management and Workers Compensation Act 1998

HEARING DATES: 08/22/2005

DATE OF JUDGMENT: 09/20/2005

APPLICANT Mrs S Smith

LEGAL REPRESENTATIVES: RESPONDENT Mr J Corlett Solicitor Australian Business Lawyers

JUDGMENT:

- 8 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP

20 September 2005

Matter No IRC 1163 of 2005

SUZANNE SMITH AND SPOTLESS

Application for relief from victimisation under s 213 of Industrial Relations Act 1996

Matter No IRC 1164 of 2005

SUZANNE SMITH AND SPOTLESS

Application re unfair dismissal pursuant to s 84 of Industrial Relations Act 1996 INTERLOCUTORY DECISION

[2005] NSWIRComm 341

1 These matters were subject to conciliation proceedings in April 2005 which were adjourned to allow the parties to pursue resolution by agreement. 2 Further proceedings listed for 5 May 2005 were vacated on written application from Australian Business Lawyers (ABL) acting on behalf of the respondent, with consent from New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU) then acting on behalf of Mrs Smith. The correspondence, received on 4 May 2005, advised that the parties were engaged in discussion with a view to resolving the matter. The correspondence further advised that the parties intended to meet in the week commencing 16 May 2005 and sought proceedings be stood over with leave to relist pending their discussion. 3 The matter was stood out of the list subject to advice from the parties. 4 On 21 July 2005 the USU filed a Notice of Change of Agent, informing that it ceased to act for Mrs Smith in both matters. 5 The matters were listed for Directions on 22 August 2005. Subsequent to the advice from the USU of 21 July 2005, Mrs Smith, acting on her own behalf, issued a Notice of Motion seeking Terms of Settlement, dated 25 May 2005 and signed by her, be set aside; and that there be no order as to costs. 6 The Notice of Motion was listed for hearing on 22 August 2005. 7 On 22 August 2005 Mr Martin appeared for the USU. Mrs Smith appeared on her own behalf, supported by her husband. Mr Corlett of ABL appeared on behalf of Spotless Catering ("the respondent") with Mr A Clinch. Notice of Change of Agent