Encanto v Bayview Seafoods Pty Ltd [2001] NSWIRComm 131

Industrial Relations Commission of New South Wales

CITATION : Encanto v Bayview Seafoods Pty Ltd [2001] NSWIRComm 131 PARTIES : Renel Encanto Bayview Seafoods Pty Ltd FILE NUMBER: 6273 of 2000 CORAM: Harrison DP Unfair dismissal - allegations of threats and unruly behaviour at Christmas function - lack of investigation - provocation by management - allegations not supported by evidence

CATCHWORDS : Held - Termination harsh, unreasonable and unjust - Reinstatement without loss of earnings

LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : Bi-lo v Hooper (53 IR 224) Electricity Commission of NSW t/as Pacific Power v Nieass ((1995) 81 IR 46) HEARING DATES: 05/09/2001; 05/10/2001 DATE OF JUDGMENT: 06/08/2001

APPLICANT Ms J Mundey Counsel Instructed by Annette Nicholson & Associates LEGAL REPRESENTATIVES: RESPONDENT Ms Tanya Marshall Employers First

JUDGMENT: - 15 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP Friday, 8 June 2001 Matter No IRC 6273 of 2000

RENEL ENCANTO & BAYVIEW SEAFOODS PTY LTD

Application re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996 DECISION 1 Arbitration proceedings in this matter took place at Taree Court House on 9 and 10 May 2001. 2 Ms J Mundey of Counsel, instructed by Annette Nicholson & Associates, appeared on behalf of the applicant, Mr Renel Encanto. Ms T Marshall of Employers First appeared on behalf of Bayview Seafoods Pty Ltd, the respondent employer, with Mr P J Ryan. 3 Ms Mundey brought evidence from the applicant; Mr Matthew Ruprecht, a friend of the applicant; Mrs Elsie Cause, the applicant's mother; Mr Walter Cause, the applicant's stepfather; Ms Susane Murphy, a friend of the applicant and his family, also employed by the respondent; and Senior Constable Stegeman of the NSW Police Force. 4 Ms Marshall brought evidence from Mr Ian Smith, a Director of the respondent; Mr Bruce Martin, employed as Production Supervisor by the respondent; Mr Peter Gunn, employed as Stores Supervisor by the respondent; Mr Craig Underwood, employed as Chief Production Controller Officer by the respondent; Mr Peter Kennewell, employed as Administration Manager and Company Secretary by the respondent; Mr Trevor Shoesmith, employed as Night Foreman of Cleaning Staff by the respondent; Mr Kenneth Heycox, Chief Executive Officer of the respondent; and Mr Rodney Fuller, employed as Plant Manager by the respondent. 5 An ex tempore decision and orders were issued in transcript on 10 May 2001. Reasons in full are now published.