NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : Wylie and Formula One Catering Services Pty Ltd [2003] NSWIRComm 207 APPLICANT PARTIES : Brenda Lee Wylie RESPONDENT Formula One Catering Services Pty Ltd FILE NUMBER: 334 of 2003 CORAM: Sams DP Termination of employment - unfair dismissal - jurisdiction of the Commission - whether application filed within 21 day time limit - whether applicant on probation - whether applicant a casual employee exempted by s83(2)(c) of the Act and the Regulations - principles considered - Full Bench authority. CATCHWORDS : Held, applicant a casual employee - casual loading paid - hours of work variable - employment for a short period - no regular and systematic employment over six months - applicant exempted from Pt 6 ch 2 of the Act - unnecessary to determine other jurisdictional issues - application dismissed - proceedings concluded. LEGISLATION CITED : Industrial Relations Act 1996 Industrial Relations (General) Regulations 2001 Shop, Distributive and Allied Employees' Association, New South Wales v Librus Pty Ltd [2001] NSWIRComm 46 CASES CITED : AWARD: Broken Hill Commerce and Industry Consent Award 2001 HEARING DATES: 02/18/2003; 03/27/2003; 04/16/2003; 04/23/2003 DATE OF JUDGMENT: 07/11/2003
APPLICANT Ms R Greenwood Broken Hill Town Employees' Union LEGAL REPRESENTATIVES: RESPONDENT Mr D Klepac, Solicitor KPMG Legal
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