NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : Davidson and Karen Cartwright [2003] NSWIRComm 227 APPLICANT PARTIES : Roxie Davidson RESPONDENT Karen Cartwright FILE NUMBER: IRC 1637 of 2003 CORAM: Harrison DP CATCHWORDS : Application re unfair dismissal pursuant s84 of the Act - abuse of staff discount policy - failure to provide adequate warnings - procedural unfairness. Held - conduct of employer and employee equally poor - termination of employment harsh, unreasonable and unjust - not so as to warrant invervention - compensation refused. LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : Electricity Commission of New South Wales T/as Pacific Power v Nieass and Others (1995) 81 IR 46 HEARING DATES: 06/16/2003 DATE OF JUDGMENT: 07/28/2003
APPLICANT Mr R Hale Solicitor Colin A Hogan & Co Solicitors LEGAL REPRESENTATIVES: RESPONDENT Mr P Amos Workplace Relations Consulting
JUDGMENT: - 8 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: HARRISON DP Monday, 28 July 2003
Matter No IRC 1637 of 2003
ROXIE DAVIDSON AND KAREN CARTWRIGHT
Application by Roxie Davidson re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996.
DECISION [2003] NSWIRComm 227
1 The application in this matter was filed on 24 March 2003 and subject to Conciliation and Directions proceedings on 9 April 2003 which established that settlement could not be reached by agreement between the parties.
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