Ward v Mobile Innovations Limited [2002] NSWIRComm 28

Industrial Relations Commission of New South Wales

CITATION : Ward v Mobile Innovations Limited [2002] NSWIRComm 28 APPLICANT Judith Ann Ward PARTIES : RESPONDENT Mobile Innovations Limited

FILE NUMBER: 5699 of 2001 CORAM: Grayson DP Whether resignation amounted to constructive dismissal - whether employer by its conduct compelled or unduly influenced resignation - whether employer acted in good faith as a contractual partner CATCHWORDS : Held, employer entitled to raise with the applicant and pursue ongoing concerns as to work performance - applicant not constructively dismissed - intervention of Commission not warranted - application dismissed. LEGISLATION CITED : Industrial Relations Act 1996 s 84 Allison and Bega Valley Council (1995) 63 IR 68 David Jones Ltd and the Australian Workers Union, Re, Re Levette [1978] AR 206 Health and Building Surveyors' Association (NSW) v Strathfield Municipal Council (1987) 25 IR 359 Imperial Group Pension Trust Ltd & v Imperial Tobacco Ltd [1991] 1 WLR 589 CASES CITED : Lewis v Motorworld Garages Ltd [1986] ICR 157 Malik v Bank of Credit and Commerce International S.A. [1997] 3 WLR 95 Michaelis Bayley Trading Co and New South Wales Sales Representatives and Commercial Travellers' Guild, Re, Re Dismissal [1979] AR 392 R v Prince Alfred College (1979) 46 SAIR 598 Woods v WM Car Services (Peterborough) Ltd [1981] ICR 666 HEARING DATES: 02/05/2002; 02/06/2002; 02/25/2002 DATE OF JUDGMENT: 03/12/2002