El-Fil v Elite Professionals Pty Limited [2005] NSWIRComm 1042

Industrial Relations Commission of New South Wales

CITATION: El-Fil v Elite Professionals Pty Limited [2005] NSWIRComm 1042

APPLICANT Mohammed El-Fil PARTIES: RESPONDENT Elite Professionals Pty Limited

FILE NUMBER(S): 2227 of 2004

CORAM: Murphy C

CATCHWORDS: Termination of employment - security officer - transferred to part-time site of unspecified hours - allegedly for poor performance and sleeping on job at client's request - credibility findings against respondent - applicant found to be dismissed unfairly by transfer and no follow up on clarification of hours - real reason - transfer for refusing to sign an AustralianWorkplace Agreement with draft terms less favourable than state award - applicant also found to have been victimised under S.210 (l) (e) of Industrial Relations Act 1996

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 08/30/2004; 12/06/2004; 02/11/2004 EXTEMPORE JUDGMENT DATE : 03/24/2005

APPLICANT Mohammed El-Fil appeared in person LEGAL REPRESENTATIVES: RESPONDENT Mr Baker appeared as agent

DECISION: 25 INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: MURPHY C

Date of Issue: 24th March, 2005.

Matter No IRC 2227of 2004

MOHAMMED EL-FIL AND ELITE PROFESSIONALS PTY LIMITED

Application by Mohammed El-Fil re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996

DECISION EXTEMPORE

1 Mr El-Fil was engaged as a security officer with the respondent company for some four months. His starting date was 24 November 2003 and he claimed in his application that he was dismissed on 26 March, 2004. One thing in agreement was that his last day of duty was 18 March 2004. 2 Mr El-Fil's matter was the subject of hearing over three days. The completion of evidence was 11 February. The matter began on 30 August, followed by 6 December. It was earlier the subject of conciliation on 25 May and 11 June.