Doring and Spinout Pty Limited t/as Five Way Fusion [2003] NSWIRComm 306

Industrial Relations Commission of New South Wales

CITATION : Doring and Spinout Pty Limited t/as Five Way Fusion [2003] NSWIRComm 306 APPLICANT: PARTIES : Jennifer Louise Doring RESPONDENT: Spinout Pty Ltd t/as Five Way Fusion FILE NUMBER: 508 of 2003 CORAM: Sams DP Termination of employment - unfair dismissal - fashion industry - jurisdiction - interlocutory decision - probationary employment - no signed contract of employment - disputed evidence - other evidence - onus on party who seeks to claim there was probationary employment. CATCHWORDS : Held, evidence of respondent's witness preferred - applicant's own evidence supports respondent's claim - applicant aware she was on probation - probationary period determined in advance - onus discharged - applicant a class of employee excluded from Pt 6 ch 2 of the Act - Commission lacks jurisdiction - application dismissed. LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : Key v Stuart Upton Pymble (unreported, IRC98/5503, 19 April 1999) Sabeto v Waterloo Car Centre Pty Ltd (2002), 120 IR 394 HEARING DATES: 09/03/2003 DATE OF JUDGMENT: 09/25/2003

APPLICANT: Ms J Doring appeared in person LEGAL REPRESENTATIVES: RESPONDENT: Mr M Vaughan (Solicitor) appeared for the respondent

JUDGMENT: - 14 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS DP 25 September 2003 Matter No IRC03/508 Jennifer Louise Doring and Spinout Pty Limited t/as Five Way Fusion Application by Jennifer Louise Doring re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996 INTERLOCUTORY DECISION [2003] NSWIRComm 306