Nguyen v. Aircom Systems Pty Limited [2004] NSWIRComm 1135

Industrial Relations Commission of New South Wales

CITATION: Nguyen v. Aircom Systems Pty Limited [2004] NSWIRComm 1135 APPLICANT Hong Nguyen PARTIES: RESPONDENT Aircom Systems Pty Limited FILE NUMBER: 4515 of 2004 CORAM: Connor C CATCHWORDS: unfair dismissal - probationary employment - want of prosecution - medical certificate - costs LEGISLATION CITED: Industrial Relations Act 1996 Earl v. Tony Pollard Electrics Pty Limited (unreported) General Steel Industries Inc v. Commissioner for Railways (1964) 112 CLR 125 CASES CITED: Lewis v. Kunama Securities Pty Limited (unreported) Talbot v. Rostcom Pty Limited (1999) 99 IR 131

HEARING DATES: 02/11/2005 EXTEMPORE JUDGMENT DATE: 02/11/2005 APPLICANT No appearance

REPRESENTATIVES: RESPONDENT Anna Warne Hunt and Hunt Lawyers

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: CONNOR C

Friday, 11 February, 2005

Matter No IRC 4515 of 2004

Hong Nguyen and Aircom Systems Pty Limited

Application under S.84 of the Industrial Relations Act, 1996

DECISION

[2005] NSWIRComm 1135

1 Ms Hong (Rose) Nguyen was employed as assistant accountant with Aircom Systems Pty Limited. She commenced employment on Thursday, 10 June, 2004 and her services were terminated on Wednesday, 14 July, 2004. She subsequently lodged an application under Part 6, Unfair Dismissals, of Chapter 2, Employment [Ss.83 to 90] of the 1996 Industrial Relations Act, seeking monetary compensation. The matter was allocated to me by the Registry staff and it was listed for conciliation and directions hearing on Thursday, 19 August, 2004.