Mohammed Shakiq v Boral Australia Gypsum Limited [2003] NSWIRComm 182

Industrial Relations Commission of New South Wales

CITATION : Mohammed Shakiq v Boral Australia Gypsum Limited [2003] NSWIRComm 182 APPELLANT Mohammed Shakiq PARTIES : RESPONDENT Boral Australia Gypsum Limited FILE NUMBER: IRC 5318 of 2002 CORAM: Walton J Vice-President; Boland J; Macdonald C Appeal - Application for leave to appeal and appeal - Unfair dismissal - Jurisdiction - Applicant summarily dismissed for offensive conduct - Long employment history with employer - Importance of applying the correct test in relation to unfair dismissal claims - Held that dismissal was not harsh, unreasonable or unjust - Leave to appeal refused - Appeal dismissed CATCHWORDS : Unfair dismissal - Appeal - Application for leave to appeal and appeal - Unfair dismissal - Jurisdiction - Applicant summarily dismissed for offensive conduct - Long employment history with employer - Importance of applying the correct test in relation to unfair dismissal claims - Held that dismissal was not harsh, unreasonable or unjust - Leave to appeal refused - Appeal dismissed LEGISLATION CITED : Industrial Relations Act 1996 s 84 s 188(1) s 188(2) s 188(3) Box Valley Pty Ltd v Price (2000) 97 IR 484 Inspector Moore v Blacktown City Council [2003] NSWIRComm 47 CASES CITED : King v State Bank of New South Wales [2002] NSWIRComm 353 Knowles v Anglican Church Property Trust (No 2) (1999) 95 IR 380 Outboard World Pty Ltd (Trading as Budget Waste Control) v Muir (1993) 51 IR 167 Robert Gordon King v State Bank of New South Wales [2002] NSWIRComm 353 HEARING DATES: 06/06/2003 DATE OF JUDGMENT: 06/17/2003