Sanson v Port Macquarie Cinemas T/As Ritz Twin Cinema [2005] NSWIRComm 38

Industrial Relations Commission of New South Wales

CITATION: Sanson v Port Macquarie Cinemas T/As Ritz Twin Cinema [2005] NSWIRComm 38

Jamie Sanson PARTIES: Port Macquarie Cinemas Pty Ltd T/As Ritz Twin Cinema

FILE NUMBER(S): IRC 3915 of 2003

CORAM: Harrison DP

Application re unfair dismissal - Compensation sought - termination of employment motivated by action of employee - no act or omission by employer to ground constructive dismissal - offer of further employment ignored by applicant. CATCHWORDS: Held - termination not harsh, unreasonable or unjust - relief refused.

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 02/15/2005 EXTEMPORE JUDGMENT DATE: 02/25/2005

APPLICANT Solicitor Mr I Paul GWM Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Solicitor Mr S Miles Donovan Oates Hannaford

JUDGMENT:

- 6 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP Friday, 25 February, 2005 MATTER NO IRC 3915 OF 2003 JAMIE SANSON AND PORT MACQUARIE CINEMAS PTY LTD T/AS RITZ TWIN CINEMA

Application re unfair dismissal pursuant to section 84 of Industrial Relations Act 1996 EX TEMPORE DECISION [2005] NSWIRComm 38

1 Mr Jamie Sanson ("the applicant") was employed by Port Macquarie Cinemas Pty Ltd trading as Ritz Twin Cinema ("the respondent") as a cinema projectionist pursuant to the Entertainment and Broadcasting Industry - Cinema (State) Award 319 IG 20 ("the award") from 9 December 1996 to 16 June 2003. There is dispute between the parties in respect to the proper classification and payment of wages due. The applicant seeks recovery of an amount of $174,071.80, which is being pursued in separate and distinct proceedings under s 106 of Industrial Relations Act 1996 ("the Act").