Clough and Capital Steel and Pipe Pty Limited [2004] NSWIRComm 76

Industrial Relations Commission of New South Wales

CITATION : Clough and Capital Steel and Pipe Pty Limited [2004] NSWIRComm 76 APPLICANT Elaine Joyce Clough PARTIES : RESPONDENT Capital Steel and Pipe Pty Limited (Mr Edward and Mrs Jodi Studdy) FILE NUMBER: 5294 of 2003 CORAM: Sams DP Termination of employment - unfair dismissal - live in housekeeper - jurisdictional issue - interlocutory decision - whether applicant on trial or probation - disputed evidence - purpose of probation - relevant principles. CATCHWORDS : Held, relevance of industry practice - applicant was on probation - probation period determined in advance - applicant suffered no financial loss - applicant not unemployed as claimed - applicant a class of employee excluded from Pt 6 ch 2 of the Act - no jurisdiction - application dismissed. LEGISLATION CITED : Industrial Relations Act 1996 Industrial Relations General Regulations 2001 CASES CITED : Erduran v Menzies Group [2003] NSWIRComm 11 Key v Stewart Upton Pymble (unreported, Bishop C, IRC98/5503, 19 April 1999) HEARING DATES: 02/25/2004 DATE OF JUDGMENT: 04/02/2004

APPLICANT Mrs E J Clough, in person unrepresented RESPONDENT LEGAL REPRESENTATIVES: Mr B Cross of counsel SOLICITORS Mr D Geddes, Foulsham & Geddes

JUDGMENT: - 14 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS DP 2 April 2004