NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : Jeffrey John Green and Lovatt Transport Pty Ltd [2002] NSWIRComm 189 APPLICANT: PARTIES : Jeffrey John Green RESPONDENT: Lovatt Transport Pty Ltd FILE NUMBER: 3163 of 2002 CORAM: Sams DP Termination of employment - unfair dismissal - conduct of proceedings - Industrial Relations Commission Rules - Rule 146 - failure to attend proceedings - want of prosecution - balance of justice - principles considered CATCHWORDS : Held, no explanation for non attendance - application not pursued with due diligence - inconvenience and cost for respondent - balance of justice favours respondent - Rule 146 - application dismissed for want of prosecution LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : Hutchison and Karl Azzi Hairstylists [2002] NSWIRComm 133 Lin v Roseville Golf Club Limited [2002] NSWIRComm 81 HEARING DATES: 07/09/2002 DATE OF JUDGMENT: 07/19/2002
APPLICANT: No appearance LEGAL REPRESENTATIVES: RESPONDENT: Mr D Eager, New South Wales Road Transport Association Inc.
JUDGMENT: - 4 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: SAMS DP 19 July 2002
Matter No IRC02/3163 JEFFREY JOHN GREEN AND LOVATT TRANSPORT PTY LTD
Application by Jeffrey John Green re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996
DECISION [2002] NSWIRComm 189
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