NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Armytage v Doust Plumbing Supplies [2005] NSWIRComm 1002
APPLICANT: Ms. Allison Armytage PARTIES: RESPONDENT: Doust Plumbing
FILE NUMBER(S): 6349 of 2003
CORAM: Ritchie C
Termination of employment unfair dismissal whether termination harsh,unresonable, unjust whether application frivolous,vexatious respondent submitted no case to answer respondent provided limited evidence issue of the use of mobile phone for private use CATCHWORDS: no case to answer application dismissed frivolous and or vexatious claim dismissed
applicant not provided with any written warnings applicant not provided with substantial or procedural fairness found dismissal harsh,unjust,unreasonable Order made in favour of applicant
LEGISLATION CITED: Industrial Relations Act 1996
Peden v Lake Macquarie Refrigeration Pty Limited (IRC 3157 of 2003) Western Suburbs District Ambulance Committee v Tipping[1957]AR (NSW) 273 CASES CITED: Antonakopoulos v State Bank of New South Wales (1999) 9I IR 385 Mason v Electricity Commission of NSW (1995) 62 IR 441
HEARING DATES: 12/03/2004
DATE OF JUDGMENT: 01/28/2005
APPLICANT Mr. M. Diamond of McCarthy Ausgroup Pty Ltd LEGAL REPRESENTATIVES: RESONDENT: Mr G. McCorry of Labourline- Industrial & Workplace Relations Consulting
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