NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Owen McMillan v Coles Myer Logistics Pty Ltd [2005] NSWIRCComm [2005] NSWIRComm 1110
APPLICANT Owen McMillan PARTIES: RESPONDENT Coles Myer Logistics Pty Ltd
FILE NUMBER(S): 4907 of 2004
CORAM: Macdonald C
CATCHWORDS: Unfair dismissal - Applicant's alleged threat of injury - onus - threat context - real threat - Commission declines to intervene
LEGISLATION CITED: Industrial Relations Act 1996
CASES CITED: Gorman v BHP Integrated Steel Division [2000] NSWIRComm 1079
HEARING DATES: 02/03/2005; 04/15/2005
DATE OF JUDGMENT: 07/08/2005
APPLICANT Ms J Hickleton, barrister LEGAL REPRESENTATIVES: RESPONDENT Mr J Forbes, barrister Ms J Fox, solicitor
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: COMMISSIONER MACDONALD
8 July 2005
Matter No IRC 4907 of 2005
OWEN McMILLAN v COLES MYER LOGISTICS PTY LTD
Application by Owen McMillan re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996
DECISION
[2005] NSWIRComm 1110
1 This is an application by Owen McMillan ("the Applicant") for unfair dismissal against Coles Myer Logistics Pty Ltd ("the Respondent") pursuant to section 84 of the Industrial Relations Act 1996 ("the Act"). 2 The matter was set down for Conciliation and Directions on 26 August and 27 August 2004. On the latter date, a Hearing and filing program was put in place.
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