NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Finn -V- Perfection Dairies Pty Ltd [2005] NSWIRComm 1067
APPLICANT Russell Finn PARTIES: RESPONDENT Perfection Dairies Pty Ltd
FILE NUMBER(S): 4733 of 2004
CORAM: Cambridge C
Unfair dismissal - termination of employment - summary dismissal - evidentiary onus to justify summary dismissal - allegations of gross and wilful misconduct - cigarettes in the workplace contary to employer's policy - onus not properly discharged - absence of substantive basis - procedural errors - employer's policy held to be unreasonable - dismissal held as harsh, unreasonable and unjust - reinstatement Ordered. CATCHWORDS:
LEGISLATION CITED: Industrial Relations Act 1996 [NSW]
Pastrycooks Employees, Biscuit Makers Employees & Flour and Sugar Goods Workers Union (NSW) v Gartrell White (No. 3), (1990) Industrial Commission of NSW, Hungerford J, 35IR 70. Wang and Others v Crestell Industries Pty Ltd and Another (1997) Full Commission of Industrial Relations Commission of NSW, [Cahill VP, Hill J & French C], 73IR 454. Bigg v New South Wales Police Service, Full Commission of Industrial Relations Commission of NSW [Bauer Schmidt JJ & Murphy C], 80IR 434. CASES CITED: Jones v Dunkel (1959) 101 CLR 298. IGA Distribution Pty Ltd v Moses (No 2) (2002), Full Commission of Industrial Relations Commission of NSW, [Wright P, Walton VP & Redman C] 114IR @ 307. Perkins v Grace Worldwide (Aust) Pty Ltd, (1977) Industrial Relations Court of Australia, [Wilcox CJ Marshall & North JJ], 72IR @ 186.
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