Benjamin Pearson v Hills Express Pty Limited [2005] NSWIRComm 1163

Industrial Relations Commission of New South Wales

CITATION: Benjamin Pearson v Hills Express Pty Limited [2005] NSWIRComm 1163

APPLICANT Benjamin Pearson PARTIES: RESPONDENT Hills Express Pty Limited

FILE NUMBER(S): 7490 of 2003

CORAM: Macdonald C

CATCHWORDS: Unfair dismissal - summary dismissal - onus on Respondent - allegations against Applicant not proven - other allegations raised - dismissal held unfair - compensation ordered

LEGISLATION CITED: Industrial Relations Act 1996

Pastrycooks Employees, Biscuit Makers Employees & Flour and Sugar Goods Workers Union v Gartrell White (No 3) (1990) 35 IR 70 CASES CITED: Outboard World Pty Ltd v Muir (1993) 51 IR 167 D and R Commercial Pty Limited v Flood (2002) 113 IR 344

HEARING DATES: 06/01/2005; 06/02/2005

DATE OF JUDGMENT: 10/28/2005

APPLICANT Mr O'Reilly Solicitor LEGAL REPRESENTATIVES: RESPONDENT Ms Proudford Solicitor

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: COMMISSIONER MACDONALD

28 October 2005

Matter No IRC 7490 of 2003

Benjamin Pearson v Hills Express Pty Limited

Application by Benjamin Pearson re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996

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DECISION

[2005] NSWIRComm 1163

1 This is an application by Benjamin Pearson ("the Applicant") for unfair dismissal against Hills Express Pty Limited ("the Respondent") pursuant to section 84 of the Industrial Relations Act 1996 ("the Act"). 2 This matter was set down for Conciliation and Directions on 26 February 2004. The Applicant was represented by Mr T Khan, solicitor. The Respondent was represented by Mr W O'Donnell, solicitor.