Simon v. Ingleburn Sheet Metal Pty Limited [2004] NSWIRComm 1127

Industrial Relations Commission of New South Wales

CITATION: Simon v. Ingleburn Sheet Metal Pty Limited [2004] NSWIRComm 1127 APPLICANT Gary Simon PARTIES: RESPONDENT Ingleburn Sheet Metal Pty Limited FILE NUMBER: 3892 of 2004 CORAM: Connor C CATCHWORDS: unfair dismissal - purported apprenticeship - indentures LEGISLATION CITED: Industrial Relations Act 1996 Industrial and Commercial Training Act 1989 Papantoniou v. Bestway Marble and Granite Pty Limited [2004] NSWIRComm 1112 CASES CITED: Barclay v. MacMichael (1952) AR 462 Hill v. Buckley (1948) AR 377 HEARING DATES: 12/14/2004 DECISION DATE: 12/17/2004 APPLICANT applicant appeared in person

REPRESENTATIVES: RESPONDENT Elizabeth Dalyell Kell The Lawyers

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: CONNOR C

Friday, 17 December, 2004

Matter No IRC 3892 of 2004

Gary Simon and Ingleburn Sheet Metal Pty Limited

Application under S.84 of the Industrial Relations Act, 1996

PRELIMINARY DECISION

[2004] NSWIRComm 1127

1 Pursuant to the provisions of Part 6, Unfair Dismissals, of Chapter 2, Employment [Ss.83 to 90] of the 1996 Industrial Relations Act, Mr Gary Simon has lodged an application concerning the termination of his services as a fabricator with Ingleburn Sheet Metal. Mr Simon commenced working for Ingleburn Sheet Metal on Thursday, 11 December, 2003. His services were terminated on or about Monday, 7 June, 2004 - and because he lodged his Part 6 application on Friday, 2 July, 2004 his claim is outside the 21 day time limit prescribed by S.85(1). Mr Simon has claimed in his Part 6 application that the termination of his services was unfair and he has sought monetary compensation over it.