NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Mark Alexandre Joulian and Robert Edwards [2005] NSWIRComm 1061
APPLICANT Mark Alexandre Joulian PARTIES: RESPONDENT Robert Edwards
FILE NUMBER(S): 5426 of 2004
CORAM: Murphy C
Unfair dismissal of chef - jurisdictional issue of whether partnership formed at time of termination - costs claim by applicant - exparte hearing caused by disappearance of respondent after conciliation.
CATCHWORDS: Applicant found to be still employee - partnership not yet formed - applicant's evidence accepted of unfair dismissal because of minor lateness caused by problems with infant son - no procedual fairness accorded applicant who attempted explanation and respondent relied upon eroneous advice from other employee as to expected arrival time advised by phone.
Costs also awarded due to respondent's ignoring of hearing directions and exparte hearing being necessary.
LEGISLATION CITED: Industrial Relations Act 1996
IGA Distribution Vs Moses (No. 3-2003) IRC 6002 of 2001
Four Sons Vs Sakohai CASES CITED: Lunnsirpothong (No.2) IRC 6337 of 1999 100 IR 400
Bankstown City Council Vs Paris 93 IR 209
HEARING DATES: 02/24/2005 EXTEMPORE JUDGMENT DATE : 02/24/2005
APPLICANT Mr J Sewell, Solicitor of Stone and Partners
LEGAL REPRESENTATIVES:
RESPONDENT No appearance - exparte hearing
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