Towers v Manning [2001] NSWIRComm 108

Industrial Relations Commission of New South Wales

CITATION : Towers v Manning [2001] NSWIRComm 108 PARTIES : Wayne Towers Rodney Manning FILE NUMBER: IRC2526 of 2000 CORAM: Harrison DP at 1 CATCHWORDS : Application for relief from unfair dismissal - verbal resignation accepted- application refused LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 05/10/2001 DATE OF JUDGMENT: 05/22/2001

APPLICANT Mr W Towers LEGAL REPRESENTATIVES: RESPONDENT Mr R Manning

JUDGMENT:

- 4 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP Tuesday, 22 May 2001 Matter No IRC 2526 of 2000

WAYNE TOWERS & RODNEY MANNING

Application re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996 DECISION 1 Arbitration proceedings in this matter took place at Taree Court House on 10 May 2001, earlier attempts at conciliation having proved unsuccessful. 2 Mr W Towers, the applicant, appeared on his own behalf. Mr R Manning, the respondent, appeared on his own behalf. 3 Mr Towers gave a deposition, as did Mr Manning who also called Mr Clinton Green, an employee of Chatham Fresh Bake, to give evidence. THE FACTS

4 Mr Tower was employed at Chatham Fresh Bake, a bakery located in the Taree district, from 13 September 1999 by the previous proprietor. Mr Manning acquired the business on 11 November 1999. 5 The uncontested evidence is that throughout the earlier part of the year 2000 Mr Towers expressed his dissatisfaction with the work and the Taree district, informing Mr Manning and Mr Green, amongst others, that he was going to quit, sell up and move on. Some two months prior to the termination of Mr Towers' employment, Mr Manning requested that Mr Towers delay his resignation and departure until a replacement could be found. It was acknowledged by the parties that it would take some time to find a qualified baker in the district. 6 It is Mr Manning's evidence that a replacement employee became available and he then let Mr Towers go, in accordance with his understanding of Mr Towers' wishes. 7 The relevant evidence of Mr Towers is found at page 11 of transcript in the following terms: MANNING: Q: On the occasion that we were sitting out the back, did you tell me that you were jack of it, you were selling up and you were going?