NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Gail O'Neill and La Vault Jewellery [2005] NSWIRComm 1053
APPLICANT Mrs Gail O'Neill PARTIES: RESPONDENT La Vault Jewellery
FILE NUMBER(S): IRC 1258 of 2004
CORAM: Bishop C
Termination of employment - unfair dismissal - work performance issues - applicant and owners neighbours - in-store banking agency - employee performed teller and sales function - employee warned and put "on notice" - alleged applicant told husband she was sacked - verbal altercation between husband and employer - second notice given to applicant - employer seeking assurances about husband's behaviour - letters of warning and responses - terminated for failing to respond to issues about husband. CATCHWORDS: Held, issues raised trivial and petty, no prior warnings and counsellings - applicant did not lie to husband - outside relationship nothing to do with work - no specific details given about issues raised - general response reasonable - time between warning letter and termination - no opportunity to work and show could work as requested - substantively and procedurally unfair - re-instatement impracticable - compensation ordered - leave as to costs.
LEGISLATION CITED: Industrial Relations Act 1996
Antonakopoulos v State Bank (1999) 91 IR 385 Bankstown City Council v Paris (unreported) IRC262 of 1999 Bigg & Anor v New South Wales Police Service (1998) 80 IR 434 Burke v McGirr (1998) 87 IR 54 Busways v Johnson (1994) 55 IR 255 Byrne & Anor v Australian Airlines (1995) 61 IR 32 D & R Commercial Pty Ltd v Flood (2002) 113 IR 344 CASES CITED: Kanae v Australian Postal and Telecommunications Union (1992) 43 IR 257 Klyne v New South Wales Bar Association (1960) 104 CLR 186 Outboard World v Muir (Cahill VP, Peterson J. and Tabbaa C) (1993) 51 IR 167 at 182 Police Association of New South Wales on behalf of Tregonning v New South Wales Police Service (1999) IRC 2799/99 Rapp v Wauchope RSL Club (1998) 81 IR 116 Sams v Contact Point International Pty Ltd (2001) NSW IRC Comm 18 Wang v Crestell Industries Pty Ltd (1997) 73 IR 454
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