Daly Smith Corporation v Sean Cain [2003] NSWIRComm 310

Industrial Relations Commission of New South Wales

CITATION : Daly Smith Corporation v Sean Cain [2003] NSWIRComm 310 APPELLANT Daly Smith Corporation (Management Services) Pty Limited PARTIES : RESPONDENT Sean Cain FILE NUMBER: IRC 7355 of 2002 CORAM: Walton J Vice-President; Boland J; Macdonald C Appeal - Application for leave to appeal and appeal - Unfair dismissal - Whether commissioner erred in finding respondent's employment had been terminated - Nature of the appeal - Commissioner's analysis of evidence unsatisfactory - No basis to intervene on appeal - Suggestions of perjury - Immoderate and hurtful criticisms of litigants - Appeal dismissed CATCHWORDS : Unfair dismissal - Whether commissioner erred in finding respondent's employment had been terminated - Nature of the appeal - Commissioner's analysis of evidence unsatisfactory - No basis to intervene on appeal - Suggestions of perjury - Immoderate and hurtful criticisms of litigants - Appeal dismissed LEGISLATION CITED : Industrial Relations Act 1996 s 188 Devries v Australian National Railways Commission (1993) 177 CLR 472 Followes v Frank Knight (NSW) Pty Ltd [2003] NSWIRComm 41 Hand v Adelaide Bank (1997) 72 IR 289 CASES CITED : Humphries v Cootamundra Ex-Services and Citizens Memorial Club Limited [2003] NSWIRComm 211 Knowles v Anglican Church Property Trust (No2) (1999) 95 IR 380 NSW Professional Officers' Association v Forestry Commission (NSW) (1990) 39 IR 46 State Bank of SA v D'Marco (unreported, Duggan J, S3978) Wilson v Department of Education and Training (2000) 100 IR 1 HEARING DATES: 06/05/2003; 07/31/2003 DATE OF JUDGMENT: 11/07/2003