Swaran Lata Kumar and Macquarie Partnership Lawyers [2005] NSWIRComm 202

Industrial Relations Commission of New South Wales

CITATION: Swaran Lata Kumar and Macquarie Partnership Lawyers [2005] NSWIRComm 202

APPLICANT: Swaran Lata Kumar PARTIES: RESPONDENT: Macquarie Partnership Lawyers

FILE NUMBER(S): 5909 of 2004 and 1144 of 2005

CORAM: Sams DP

Application for relief from victimisation - out of time application - small law firm - payment of wages on time - complaint made to Department of Industrial Relations - change of hours - failure to co-operate - business needs of employer - poor work performance - medical condition - engagement of solicitors - contact with relatives - disagreement with other employees - warnings of poor work performance - meetings and follow up letters - failure to improve performance - conduct and attitude of applicant - conflict of evidence - Jones and Dunkel inferences - applicant dismissed - concurrent proceedings - procedural unfairness - costs - principles considered. CATCHWORDS: Held, application accepted out of time - sufficient reason established - applicant's evidence preferred - deliberate and disgraceful campaign to force applicant's resignation - hours of work changed without proper notice - improper contact with relatives - wages not paid on time - inappropriate comments in letter to applicant - attempt to force resignation and withdraw proceedings - humiliation, hurt and distress - employer's improper conduct - medical condition understandable - further attempt to change hours an interferance in Commission's processes - no warnings given of pending dismissal - dismissal ultimate act of victimisation - contravention of the Act - failure to satisfy the rebuttable presumption - orders made - applicant's dismissal harsh, unreasonable and unjust substantively and procedurally - dismissal had no basis in fact - no proper basis for dismissal - orders made - costs reserved.