Williams and Pigment Dispersions Pty Ltd [2004] NSWIRComm 268

Industrial Relations Commission of New South Wales

CITATION : Williams and Pigment Dispersions Pty Ltd [2004] NSWIRComm 268 APPELLANT: Jason Roy Williams PARTIES : RESPONDENT: Pigment Dispersions Pty Ltd FILE NUMBER: IRC 2918 of 2004 CORAM: Walton J Vice-President; Staff J; Ritchie C Appeal - Application for leave to appeal and appeal - Dismissal - Finding of fact - Credibility of witnesses - Factual findings reasonably open - Failure to consider statutory test - Harsh, unreasonable or unjust - Requirement for specificity of finding - Failure to make finding - Question posed by Commissioner - Failure to answer question posed - Errors of law and principle - Appeal upheld - Matter remitted for re-hearing CATCHWORDS : Unfair dismissal - Appeal - Application for leave to appeal and appeal - Dismissal - Finding of fact - Credibility of witnesses - Factual findings reasonably open - Failure to consider statutory test - Harsh, unreasonable or unjust - Requirement for specificity of finding - Failure to make finding - Question posed by Commissioner - Failure to answer question posed - Errors of law and principle - Appeal upheld - Matter remitted for re-hearing LEGISLATION CITED : Industrial Relations Act 1996 Industrial Arbitration Act 1940 (NSW) Abboud v The State of New South Wales (Department of School Education) (1999) 92 IR 32 Bankstown City Council v Paris (1999) 100 IR 363 Entertainment Distributors Company Pty Limited and Anor v Burnard (1993) 49 IR 446 CASES CITED : Haynes v CI & D Manufacturing Pty Ltd (1994) 60 IR 149 Metropolitan Meat Industry Board v Australasia Meat Industry Employees Union, New South Wales Branch [1973] AR 231 Outboard World Pty Ltd (t/as Budget Waste Control (Sydney)) v Muir (1993) 51 IR 167 Pastrycooks Employees, Biscuit Makers Employees & Flour and Sugar Goods Workers Union v Gartrell White (No 3) (1990) 35 IR 70 State Rail Authority (NSW) v Earthline Constructions Pty Ltd & Ors (1999) 160 ALR 588 HEARING DATES: 09/13/2004 EXTEMPORE JUDGMENT DATE : 09/13/2004