McDonagh v Palgrow Pty Ltd T/as Tool Repair Centre [2002] NSWIRComm 202

Industrial Relations Commission of New South Wales

CITATION : McDonagh v Palgrow Pty Ltd T/as Tool Repair Centre [2002] NSWIRComm 202 APPLICANT PARTIES : Raymond John McDonagh RESPONDENT Palgrow Pty Limited Trading As Tool Repair Centre FILE NUMBER: IRC 2207 of 2002 CORAM: Harrison DP CATCHWORDS : Unfair dismissal - alleged redundancy on economic grounds Held - genuine redundancy - termination not harsh unreasonable or unjust LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 07/29/2002 EXTEMPORE JUDGMENT DATE : 08/23/2002

APPLICANT Mr R McDonagh

LEGAL REPRESENTATIVES: RESPONDENT Ms A Engel, Solicitor of Braye Cragg Solicitors

JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP Friday, 23 August 2002 Matter No IRC 2207 of 2002 RAYMOND JOHN MCDONAGH AND PALGROW PTY LTD TRADING AS TOOL REPAIR CENTRE Application re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996 DECISION [2002] NSWIRComm 202 1 This matter was subject to arbitration on 29 July 2002 following unsuccessful attempts at conciliation. 2 On hearing Mr Raymond McDonagh, the applicant, appeared on his own behalf. Ms A Engel, Solicitor of Braye Cragg, appeared on behalf of Palgrow Pty Ltd, trading as Tool Repair Centre, the respondent employer, with Mr W Brown and Mr G Wills. 3 The applicant gave sworn evidence and was subject to cross examination. 4 Ms Engel brought evidence from Mr William Brown, a Director of the respondent; and Mr Gary Wills, a former Director and employee of the respondent. 5 The applicant was employed by the respondent from 3 August 1998 to 28 March 2002, primarily undertaking repair of electrical, portable tools and catering equipment. The applicant had been employed by the business, acquired by the respondent in 1998, for a total of 16 years when service with previous owners is included. During the course of his employment he filled many roles, including Manager. 6 The applicant was given five week's notice of termination of his employment in correspondence dated 27 March 2002, in the following terms: "I have the unpleasant task of giving you five (5) weeks notice of dismissal.