Ferguson v Inghams Enterprises Pty Ltd. [2005] NSWIRComm 1117

Industrial Relations Commission of New South Wales

CITATION: Ferguson v Inghams Enterprises Pty Ltd. [2005] NSWIRComm 1117

APPLICANT: Mr. Richard Ferguson PARTIES: RESPONDENT: Inghams Enterprise Pty Ltd

FILE NUMBER(S): 3545 of 2005

CORAM: Ritchie C

Threatened dismissal Application for orders preventing termination Applicant working in a position for last ten years as a consequence of an industrial accident. Applicant believed he had ongoing employment of an indefinite nature Respondent had introduced contractors to carry out the applicant's job. CATCHWORDS: Applicant's job no longer required to be done. Applicant sought interim orders to prevent termination and for the applicant to continue to employ him in his previous job or a similiar role. Respondent stated job no longer existed and no other job available. Commision rejected draft orders ,job no longer under respondent's control and orders too imprecise. Application to proceed to hearing.

LEGISLATION CITED: Industrial Relations Act 1996

CASES CITED: Blackadder v Ramsey Butchering Services Pty Ltd[2005] HCA 22

HEARING DATES: 07/15/2005

DATE OF JUDGMENT: 07/18/2005

Mr. Moorhouse of Counsel LEGAL REPRESENTATIVES: Mr. Moses of Counsel

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: Ritchie C

18 July 2005

Matter No IRC 3545 of 2005