Reardon and Tararra Pty Limited t/as The Junction Hotel, and Notification by the Broken Hill Town Employees' Union of a dispute with Tararra Pty Ltd t/as the Junction Hotel [2001] NSWIRComm 200

Industrial Relations Commission of New South Wales

CITATION : Reardon and Tararra Pty Limited t/as The Junction Hotel, and Notification by the Broken Hill Town Employees' Union of a dispute with Tararra Pty Ltd t/as the Junction Hotel [2001] NSWIRComm 200 APPLICANT Lachlan Paul Reardon RESPONDENT PARTIES : Tararra Pty Limited t/as the Junction Hotel DISPUTE NOTIFIER Broken Hill Town Employees' Union RESPONDENT Tararra Pty Ltd t/as the Junction Hotel FILE NUMBER: 1788 and 2059 of 2000 CORAM: Sams DP Termination of employment - unfair dismissal - witness credit - allegations of poor performance - warnings given - failure to respond to allegations - unreasonable conduct of applicant and union.

Held, jurisdictional doubts - dismissal not "harsh, unreasonable or unjust", no issue of procedural fairness - applicant's bona fides in question - duty in employment relationship - unfair dismissal claim dismissed. CATCHWORDS : Industrial dispute - claims of underpayment - no corroborative evidence - claims not substantiated - applicant's credit as a witness - conduct of employer.

Held, claims not proven on the evidence - claims likely to be false - respondent's behaviour reasonable and supportive - respondent has discharged its obligation to the applicant - claims refused - proceedings dismissed. LEGISLATION CITED : Industrial Relations Act 1996 Butler, Kenyon and Regnier v Lerwin Nursing Home (1998) (unreported) Hardy IM, SAIRC55, 56 and 57 of 1998, 2 October 1998 Pastrycooks Employees, Biscuit Makers Employees & Flour and Sugar Goods Workers Union (NSW) v Gartrell White No 3, 35 IR 70 Byrne & Anor v Australian Airlines (1995) 185 CLR 310 CASES CITED : Antonakopoulos v State Bank of New South Wales (1999) 91 IR 385 Oswald v New South Wales Police Service (1999) 90 IR 42 Abboud v The State of New South Wales (Department of School Education) (1999) 92 IR 32 Wells v Lloyd Moffat Investments (unreported) Harrison DP, IRC5662 of 1997, 6 May 1998 Day v Lumley Life, 90 IR 70 HEARING DATES: 05/09/2001; 06/01/2001 DATE OF JUDGMENT: 09/17/2001