Industrial Relations Commission of New South Wales CITATION : Nuntawadee Callanan and Outside the Square Strategies Pty Limited [2004] NSWIRComm 286 APPLICANT: PARTIES : Ms Nuntawadee Callanan RESPONDENT: Outside the Square Strategies Pty Limited FILE NUMBER: 282 of 2004 CORAM: Sams DP CATCHWORDS : Termination of employment - unfair dismissal - no evidence filed - directions not complied with - claim of outstanding superannuation contributions and compensation for unfair dismissal - applicant's claim not contested - company in receivership - employer's agreement to consent orders - orders made. LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 09/20/2004 EXTEMPORE JUDGMENT DATE : 09/20/2004 APPLICANT: Ms Nuntawadee Callanan, unrepresented LEGAL REPRESENTATIVES: RESPONDENT: Mr Len Elias, Company Director JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 22 September 2004 Matter No. IRC04/282 Nuntawadee Callanan and Outside the Square Strategies Pty Limited Application by Nuntawadee Callanan re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996 DECISION AND ORDERS NSWIRComm 286 1 This is an application, pursuant to s84 of the Industrial Relations Act 1996 ('the Act'), filed by Nuntawadee Callanan ('the applicant'), seeking relief in respect to her alleged unfair dismissal by Outside the Square Strategies Pty Limited ('the respondent'), on 16 January 2004. 2 At directions and conciliation proceedings on 5 March 2004, the applicant appeared in person. There was no appearance by, or on behalf of the respondent. The Commission subsequently re-listed the matter at 9.30am, Monday 15 March 2004. The Commission also put on the record that contact would be made with the respondent, advising that attendance would be required on the next occasion and that an Employer's Reply to the application in accordance with the Commission's practice directions, should be filed by Wednesday 10 March 2004. 3 On the next occasion, Mr L Elias (Company Director) appeared for the respondent. Following preliminary submissions, the Commission chaired private conferences with the parties. As the conference proved unsuccessful, I set the matter for hearing and issued directions in preparation for the arbitration. 4 On the day of the hearing, it was evident that the Commission's directions had not been complied with. Neither party had filed any evidentiary material and neither party sought to cross examine the other. However, both parties indicated they were ready to proceed with their respective cases. 6 Ms Callanan sought the payment of unpaid superannuation contributions for a period of six months plus an amount of eight weeks compensation due to the alleged unfair nature of the dismissal. 7 Mr Elias did not take issue with the applicant's claim. He conceded that while she may be entitled to monies from the company, the company was now in receivership and could not afford to pay the applicant any amount. However, Mr Elias stated that the company would honour any outstanding superannuation, if at all possible. 9 The Commission asked Mr Elias if he was prepared to accept a consent order in the applicant's favour. He agreed to this course. 8 On that basis, I make the following orders: Pursuant to ss89 and 371 of the Industrial Relations Act 1996, the Commission orders that: 1. The respondent, Outside the Square Strategies Pty Limited, shall pay to the applicant, Ms Nuntawadee Callanan an amount of $5,568. 2. The amount so ordered shall be paid within 28 days. 3. This matter is now concluded. Peter J Sams, AM Deputy President DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.