NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Birchall v Abacus Shade Structures and Abacus Tarps and Tents [2005] NSWIRComm 1041
APPLICANT Alexander John Birchall PARTIES: RESPONDENT Abacus Shade Structures and Abacus Tarps and Tents
FILE NUMBER(S): 4191 of 2004
CORAM: Murphy C
CATCHWORDS: Termination of employment - credibility finding against respondent witnesses - dismissal unfair even on respondent's version of events - respondent found to have unfairly dismissed applicant following his refusal to accept substantial deduction in his pay for Saturday overtime or to make up such time to cover error made by applicant - respondent also found to have victimised applicant under S.210(1)(e) and (f) of Industrial Relations Act 1996.
LEGISLATION CITED: Industrial Relations Act 1996
CASES CITED: Australian Liquor Hospitality Miscellaneous Workers' Union v Randwick Labour Club IRC No. 110 of 1999, 19th April, 2000.
HEARING DATES: 02/01/2005
DATE OF JUDGMENT: 03/24/2005
EXTEMPORE JUDGMENT DATE : 03/24/2005
APPLICANT Alexander John Birchall appeared in person LEGAL REPRESENTATIVES: RESPONDENT Eric Moonen appeared in person
DECISION: - 18 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: MURPHY C
Date of Issue: 24th March, 2005.
Matter No IRC 4191 of 2004
ALEXANDER JOHN BIRCHALL AND ABACUS SHADE STRUCTURES AND ABACUS TARPS AND TENTS
Application by Alexander John Birchall re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996
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