McCutchen v Grab It Accessories [2004] NSWIRComm 358

Industrial Relations Commission of New South Wales

CITATION : McCutchen v Grab It Accessories [2004] NSWIRComm 358 PARTIES : Rebekah Molly McCutchen Grab It Accessories FILE NUMBER: IRC 4150 of 2004 CORAM: Harrison DP CATCHWORDS : Application for relief from unfair dismissal - Allegation of theft - summary dismissal - theft denied - goods remained in store - arrangement for payment confirmed - proceedings ex parte - denial of theft not contested. Held - no evidence of dishonesty - termination harsh, unreasonable and unjust - compensation awarded. LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : Franklins Limited v Webb (1996) 72 IR 257 HEARING DATES: 11/19/2004 DATE OF JUDGMENT: 11/26/2004

APPLICANT Solicitor Mr L Sokulsky LEGAL REPRESENTATIVES: The Charlestown Law Firm RESPONDENT No Appearance

JUDGMENT: - 6 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP Friday, 26 November 2004

MATTER NO IRC 4150 OF 2004

REBEKAH MOLLY MCCUTCHEN AND GRAB IT ACCESSORIES

Application re unfair dismissal pursuant to s84 of the Industrial Relations Act 1996 ("the Act")

DECISION [2004] NSWIRComm 358

1 The application in this matter was filed on 16 July 2004 and first listed for Conciliation and Directions before Redman C. on 29 July 2004, subsequently altered to 30 July 2004 at the request of the Respondent.

2 Mr A Willems of Industrial Relations Consultancy Pty Ltd, appeared with and on behalf of Rebekah McCutchen, the Applicant. Mr Jeremy King appeared on behalf of the Respondent. Some discussion ensued between the parties with the assistance of the Commission, resulting in adjournment to allow the parties to further confer with a view to settlement. Proceedings were stood over with leave to Ms McCutchen to apply for further proceedings before 6 August 2004.