NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Williams v Pigment Dispersions Pty Ltd [2005] NSWIRComm 1003
APPLICANT: Mr. Jason Williams PARTIES: RESPONDENT: Pigment Dispersions Pty Ltd
FILE NUMBER(S): 4368 of 2003
CORAM: Ritchie C
Termination of employment Unfair dismissal Whether termination was harsh,unreasonable ,unjust Alleged threat by applicant to damage respondent's machinery CATCHWORDS: Denial by applicant of threat Found on the balance of probability that threat did take place Found that termination was therefore neither harsh,unreasonable or unjust Application dismissed
HEARING DATES: 12/10/2004
DATE OF JUDGMENT: 01/28/2005
Mr. J. Williams LEGAL REPRESENTATIVES: Mr. R. Van-Brink
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: RITCHIE C.
28 January 2005 Matter No IRC 4368 of 2003
IN THE MATTER OF: Jason Williams and Pigment Dispersions Pty Ltd
Application by Jason Williams re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996.
DECISION
[2005] NSWIRComm 1003
Background
1 Mr. Jason Williams (the applicant) commenced employment with Pigment Dispersions Pty Ltd ( the respondent) on 21 May 2002 and was terminated on 16 July 2003. He filed a claim for unfair dismissal on 6 August 2003. The application was allocated to Connor C. who heard the matter on 14 April 2004 and handed down his decision on 28 April 2004 finding in favour of the respondent. 2 This decision was appealed and in a decision on 13 September 2004 the appeal was upheld by a full bench and the matter was referred to the Commission as presently constituted. 3 The appeal decision allowed both parties the opportunity to introduce any further evidence in addition to the existing record of the proceedings before Connor C. 4 The hearing was heard on 10 December 2004 where the applicant represented himself and the respondent was represented by Mr. R. Van -Brink (Van-Brink) the owner of Pigment Dispersions Pty Ltd. At the end of proceedings on that day I reserved my decision. Case for the applicant.
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