Freeman v KAT Taxi and Hire Cabs [2005] NSWIRComm 1169

Industrial Relations Commission of New South Wales

CITATION: Freeman v KAT Taxi and Hire Cabs [2005] NSWIRComm 1169

APPLICANT Transport Workers' Union of New South Wales on behalf of Mark Freeman PARTIES: RESPONDENT KAT Taxi and Hire Cabs

FILE NUMBER(S): 576 of 2005

CORAM: Macdonald C

CATCHWORDS: Unfair dismissal - reinstatement application - bailor/bailee - application of Contract Determination - reinstatement ordered

LEGISLATION CITED: Industrial Relations Act 1996

CASES CITED: Outboard World Pty Ltd v Muir (1993) 51 IR 167

HEARING DATES: 08/22/2005

DATE OF JUDGMENT: 11/21/2005

APPLICANT Mr G Astorga, union offical Transport Workers' Union of New South Wales LEGAL REPRESENTATIVES: RESPONDENT Mr R Gogic, owner in person with Mr G Coates, operations manager

DECISION:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: MACDONALD C

21 November 2005

Matter No IRC 576 of 2005

Transport Workers' Union of New South Wales (on behalf of Mark Freeman) v KAT Taxi and Hire Cabs

Application by Transport Workers' Union of New South Wales on behalf of its member Mark Freeman re unfair dismissal pursuant to section 314 of the Industrial Relations Act 1996 _____________________________________________________________________________

DECISION

[2005] NSWIRComm 1169

1 This is an application by the Transport Workers' Union of New South Wales ("the Union") on behalf of its member Mr Mark Freeman for unfair dismissal against KAT Taxi and Hire Cabs ("the Respondent") pursuant to section 314 of the Industrial Relations Act 1996 ("the Act"). 2 The matter was set down for Conciliation and Directions on 8 March 2005. The matter did not settle and a Hearing and filing program was put in place. 3 At the Hearing, the Union was represented by Mr G Astorga, union official, who called Mr Freeman as a witness.