Giannone and the Australian Workers' Union, Greater New South Wales Branch [2003] NSWIRComm 418

Industrial Relations Commission of New South Wales

CITATION : Giannone and the Australian Workers' Union, Greater New South Wales Branch [2003] NSWIRComm 418 APPLICANT: PARTIES : Michelle Keri Giannone RESPONDENT: Australian Workers' Union, Greater New South Wales Branch FILE NUMBER: 1784 of 2003 CORAM: Sams DP Termination of employment - unfair dismissal - resignation of employee - allegations of bullying and harassment - poor work attendance - verbal warning - whether employee forced to resign - constructive dismissal - principles of constructive dismissal. CATCHWORDS : Held, allegations of harassment and bullying not made out - reasonable for employer to question poor attendance at work - flexible arrangements - employees' family and personal responsibilities accommodated - no reasonable basis to believe resignation was only option - inference that employee intended to resign - employee resigned of her own free will - no pressure by employer to force resignation - no constructive dismissal - lack of jurisdiction - application dismissed. LEGISLATION CITED : Industrial Relations Act 1996 Allison v Bega Valley Council (1995) 63 IR 68 Bates v Gundagai District Services Club (unreported) Walton VP, Sams DP, Redman C, Matter IRC4710 of 1999, 14 April 2000 Bayley Trading Co and New South Wales Sales Representatives and Commercial Travellers Guild [1979] AR 392 Britton v Riverstone Public School (unreported) Schmidt J, Sams DP, McLeay C, Matter IRC5504 of 1999, 6 May 1999 Claric 218 Pty Ltd t/as Sanity Music v Meldrum (1998) 91 IR 296 CASES CITED : Clark v Pittwater RSL Club Ltd (1998) 84 IR 309 Police Service of New South Wales v Batton (2000) 98 IR 154 St Vincents Hospital Sydney Limited v Harris (unreported) Peterson, Schmidt JJ, O'Neill C, Matter IRC5932 of 1997, 28 May 1998 Ward v Mobile Innovations [2002] NSWIRComm 287