Smith v. Eddie Azzi Australia Pty Limited (formerly referred to as Karl Azzi Australia Pty Limited [2005] NSWIRComm 1089

Industrial Relations Commission of New South Wales

CITATION: Smith v. Eddie Azzi Australia Pty Limited (formerly referred to as Karl Azzi Australia Pty Limited [2005] NSWIRComm 1089

APPLICANT Michael Bruce Smith

PARTIES: RESPONDENT Eddie Azzi Australia Pty Limited

FILE NUMBER(S): 3869 of 2004

CORAM: Connor C

CATCHWORDS: termination of employment - unfair dismissal - correction of error in former decision - identification of correct name of employer - failure of employer to appear in proceedings - costs application - unreasonable failure to settle claim

Industrial Relations Act 1996 LEGISLATION CITED:

Dima Homes Case (1989) 5 AILR Rep.4 Re Egg and I (Farm) Pty Limited (1973) 2 PSR 969 CASES CITED: Luke v. Handicapped Children's Centre (unreported)

HEARING DATES: 06/10/2005 EXTEMPORE JUDGMENT DATE : 06/10/2005

APPLICANT Jan Shepley

LEGAL REPRESENTATIVES:

RESPONDENT Neil Sullivan

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: CONNOR C

Friday, 10 June, 2005

Matter No IRC 3869 of 2004

Michael Bruce Smith and Eddie Azzi Australia Pty Limited (formerly referred to as Karl Azzi Australia Pty Limited

Application under S.84 of the Industrial Relations Act, 1996

SUPPLEMENTARY DECISION

[2005] NSWIRComm 1089

Background

1 It is difficult for me to image a better example to illustrate the extraordinary lengths any employer would go to avoid its obligations to act fairly in its dealings with an employee than what has occurred in the current proceedings from which this supplementary decision flows. The facts are set out here and begin with a decision I handed down on Thursday, 9 December, 2004. The decision arose from an application under Part 6, Unfair Dismissals, of Chapter 2, Employment [Ss.83 to 90] of the 1996 Industrial Relations Act by Mr M B Smith who had been employed as a hairdresser and dismissed by his employer on Thursday, 10 June, 2004. 2 I concluded that Mr Smith's dismissal had been unfair and I ordered his employer to pay Mr Smith the sum of $7,500.00, to be paid no later than Thursday, 30 December, 2004. In my decision Mr Bdeir, representing Mr Smith in the proceedings, had foreshadowed an application for costs and subsequently pressed that claim which I listed for a further hearing on Friday, 8 April, 2005. That hearing did not go ahead, however. A more significant issue emerged and necessitated the matter being adjourned for further hearing on Friday, 10 June, 2005.