Australasian Meat Industry Employees Union of New South Wales on behalf of Peter Richey and Bartters Enterprises Pty Ltd [2001] NSWIRComm 346

Industrial Relations Commission of New South Wales

CITATION : Australasian Meat Industry Employees Union of New South Wales on behalf of Peter Richey and Bartters Enterprises Pty Ltd [2001] NSWIRComm 346 APPELLANT: Australasian Meat Industry Employees Union PARTIES : RESPONDENT: Bartters Enterprises Pty Ltd FILE NUMBER: IRC5499 of 2001 CORAM: Wright J President; Walton J Vice-President; Connor C CATCHWORDS : Appeal - Unfair dismissal - Record of absenteeism - Principles relating to s88 - Dismissal for cause - Cause alleged not established - Error of principle - Procedural fairness - Leave to appeal granted - Appeal upheld - Reinstatement - Back Pay. LEGISLATION CITED : Industrial Relations Act 1996 s84 s88 HEARING DATES: 11/29/2001 EXTEMPORE JUDGMENT DATE : 11/29/2001

APPELLANT: Mr S Gurney Australasian Meat Industry Employees Union of New South Wales LEGAL REPRESENTATIVES: RESPONDENT: Mr P Ludeke

JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

FULL BENCH CORAM: WRIGHT J PRESIDENT WALTON J VICE PRESIDENT CONNOR C THURSDAY 29 NOVEMBER 2001

MATTER NO. IRC5499 OF 2001

AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION OF NEW SOUTH WALES ON BEHALF OF PETER RICHEY AND BARTTERS ENTERPRISES PTY LIMITED. Application by Australasian Meat industry Employees Union of New South Wales for leave to appeal and appeal against a decision of Commissioner Tabbaa given on 26 July 2001 in Matter No IRC4467 of 2000