Shop, Distributive and Allied Employees' Association, Broken Hill Branch (on behalf of Michael Roy Hoskins) and Gateway Investments Pty Ltd t/as Broken Hill Hungry Jack's [2005] NSWIRComm 209

Industrial Relations Commission of New South Wales

CITATION: Shop, Distributive and Allied Employees' Association, Broken Hill Branch (on behalf of Michael Roy Hoskins) and Gateway Investments Pty Ltd t/as Broken Hill Hungry Jack's [2005] NSWIRComm 209

APPLICANT: Shop, Distributive and Allied Employees' Association, Broken Hill Branch PARTIES: RESPONDENT: Gateway Investments Pty Ltd t/as Broken Hill Hungry Jack's

FILE NUMBER(S): 3645 of 2004

CORAM: Sams DP

Termination of employment - unfair dismissal - fast food industry in Broken Hill - completion of traineeship - casual employment - workers' compensation - age of employee - whether dismissal harsh, unreasonable or unjust - Anti Discrimination Act - procedural fairness - underpayment claim - terms of agreement - whether full time employee - average hours per week. CATCHWORDS: Held, applicant had reasonable expectation of ongoing employment - no warning of dismissal - no consultation - no issues of performance or attitude - applicant dismissed because of age - breach of Anti Discrimination Act - dismissal substantively and procedurally unfair - respondent no longer employer - reinstatement impractical - order of compensation - age - period of service - difficulty in finding work - attempts at finding work taken into account - order made - applicant paid an average of 35 hours a week - applicant full time employee - underpayment of difference between actual pay and 35 hours a week - parties to confer on calculation - failure to agree liberty to apply.

Industrial Relations Act 1996 LEGISLATION CITED: Anti Discrimination Act 1977