Papantoniou v. Bestway Marble and Granite Pty Limited [2004] NSWIRComm 1112

Industrial Relations Commission of New South Wales

CITATION: Papantoniou v. Bestway Marble and Granite Pty Limited [2004] NSWIRComm 1112 APPLICANT Bill Papantoniou PARTIES: RESPONDENT Bestway Marble and Granite Pty Limited FILE NUMBER: IRC 6923 of 2003 CORAM: Connor C CATCHWORDS: unfair dismissal - family relationship - extension of time - apprenticeship - probationary employment Industrial Relations Act 1996 LEGISLATION CITED: Industrial and Commercial Training Act 1989 CASES CITED: Johnson v. Fine Edge Hair Design (unreported) HEARING DATES: 11/10/2004 EXTEMPORE JUDGMENT DATE: 11/10/2004 APPLICANT Applicant appeared in person

REPRESENTATIVES: RESPONDENT P Cook

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: CONNOR C

Wednesday, 10 November, 2004

Matter No IRC 6923 of 2003

Bill Papantoniou and Bestway Marble and Granite Pty Limited

Application under S.84 of the Industrial Relations Act, 1996

DECISION

[2004] NSWIRComm 1112

1 Pursuant to the provisions of Part 6, Unfair Dismissals, of Chapter 2, Employment [Ss.83 to 90] of the 1996 Industrial Relations Act, Mr Bill Papantoniou has lodged an application concerning the termination of his services with Bestway Marble and Granite Pty Limited on Wednesday, 3 September, 2003. There are four threshold issues as far as his Part 6 application is concerned, viz:

(i) The managing director of Bestway is, in fact, Mr Papantoniou's father. Ordinarily, such employment relationships would not be actionable under Part 6 since they are excluded from the definition of "employees" by S.5(4) - "...a person employed or engaged by his or her spouse or parent is not an employer for the purposes of this Act...". But Bestway is a separate corporate identity which actually engaged Mr Papantoniou and the restrictions of S.5(4) would not therefore apply to him.