NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Christopher Dean Plummer and Stannard Bros Launch Service Pty Ltd [2005] NSWIRComm 1068
APPLICANT Mr Christopher Dean Plummer PARTIES: RESPONDENT Stannard Bros Launch Service Pty Limited
FILE NUMBER(S): 7246 of 2003
CORAM: Tabbaa C
CATCHWORDS: unfair dismissal - absenteeism - non-communication - medical certificate
LEGISLATION CITED: Industrial Relations Act 1996
J. Wells and Lloyd Moffat Investments Pty. Ltd. t/as Moffats Oyster Barn Restaurant [1998] NSWIRComm 220 CASES CITED: CCH Australia Limited v Cherryl Dianne Bowen [1998] NSWIRComm 136 Perkins v Grace Worldwide (Aust.) Pty. Ltd. (1997) 72 IR 186
HEARING DATES: 03/11/2004
DATE OF JUDGMENT: 05/11/2005
APPLICANT Mr P Macken Leigh Virtue & Associates Solicitors LEGAL REPRESENTATIVES: RESPONDENT Mr A Woods Fisher Cartwright Berriman Lawyers and Consultants
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: Commissioner Tabbaa
11 May, 2005
Matter No IRC 7246 of 2003
Christopher Dean Plummer and Stannard Bros Launch Service Pty Ltd
Application by Christopher Dean Plummer re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996.
DECISION
[2005] NSWIRComm 1068
1 The applicant filed a claim under Section 84 of the Industrial Relations Act, 1996 on 18 December, 2003 alleging that the respondent had unfairly dismissed him on 01 December, 2003. The applicant contended that he had been employed from 18 April, 1995 until his dismissal as a Deck Hand pursuant to the provisions of the Motor Boats and Small Tugs (State) Award and the Stannard Bros. Launch Services Enterprise Agreement. 2 The file was allocated on the same day and was set down for conference and directions on 05 and 09 February, 2004 at which time conciliation attempts failed to resolve the claim. A filing schedule was directed and the matter was set down for hearing on 11 March, 2004. Mr. P. Macken , Solicitor, entered an appearance on behalf of the applicant and called evidence from: Christopher Dean Plummer Applicant
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