Scoullar -V- Campbell Brothers Limited [2004] NSWIRComm 1118

Industrial Relations Commission of New South Wales

CITATION: Scoullar -V- Campbell Brothers Limited [2004] NSWIRComm 1118 APPLICANT PARTIES: Greg Andrew Scoullar RESPONDENT Campbell Brothers Limited FILE NUMBER: IRC 7271 of 2003 CORAM: Cambridge C CATCHWORDS: Unfair Dismissal - termination of employment - summary dismissal - evidentiary onus to justify summary dismissal - alleged concealment from employer of information - onus not properly discharged - absence of substantive basis - procedural errors - dismissal held as harsh, unreasonable and unjust - compensation Ordered LEGISLATION CITED: Industrial Relations Act 1996 [NSW] CASES CITED: Pastrycooks Employees, Biscuit Makers Employees & Flour and Sugar Goods Workers Union (NSW) v Gartrell White (No. 3), Industrial Commission of NSW, Hungerford J, 35IR 70 HEARING DATES: 05/13/2004 DECISION DATE: 12/07/2004 APPLICANT Ms M Youssofzay REPRESENTATIVES: RESPONDENT Mr A Gotting

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

COMMISSIONER CAMBRIDGE

7 December 2004

Matter No. IRC 7271 of 2003

Greg Andrew Scoullar -V- Campbell Brothers Limited

Application by Greg Andrew Scoullar re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996.

DECISION

[2004] NSWIRComm 1118

1 This matter involves an application made pursuant to section 84 of the Industrial Relations Act 1996 [NSW], (the Act). The application for Relief in relation to unfair dismissal was filed by Employment Help Lawyers (EHL), on behalf of Greg Andrew Scoullar, (the applicant). The application was filed on 18 December 2003, and named the respondent employer as Campbells Brother [sic] Pty Limited. Subsequently it appeared that the correct name of the respondent employer was Campbell Brothers Limited (the employer).