NUW (on behalf of Wayne Khan) v Cuno Pacific Pty Ltd [2005] NSWIRComm 388

Industrial Relations Commission of New South Wales

CITATION: NUW (on behalf of Wayne Khan) v Cuno Pacific Pty Ltd [2005] NSWIRComm 388

APPELLANT National Union of Workers, New South Wales Branch (on behalf of Wayne Khan) PARTIES: RESPONDENT Cuno Pacific Pty Ltd

FILE NUMBER(S): IRC 3651 of 2003

CORAM: Wright J President; Boland J; Stanton C

Appeal - Application for leave to appeal and appeal - Unfair dismissal - Abusive and intimidatory language offensive to women - Refusal to recognise inappropriate conduct - No apology - Whether dismissal harsh, unreasonable or unjust - Role of Union in supporting its member - Importance of considering each limb of tripartite test as to whether dismissal harsh, unreasonable or unjust - Leave to appeal granted - Appeal dismissed CATCHWORDS: Unfair Dismissal - Appeal - Application for leave to appeal and appeal - Abusive and intimidatory language offensive to women - Refusal to recognise inappropriate conduct - No apology - Whether dismissal harsh, unreasonable or unjust - Role of Union in supporting its member - Importance of considering each limb of tripartite test as to whether dismissal harsh, unreasonable or unjust - Leave to appeal granted - Appeal dismissed

LEGISLATION CITED: Industrial Relations Act 1996

Ace Business Brokers Pty Ltd v Phillips-Treby (2000) 100 IR 420 Antonakopoulos v State Bank of New South Wales (1999) 91 IR 385 Franklins Ltd v Webb (1997) 72 IR 257 Khan v Cuno Pacific Pty Ltd [2005] NSWIRComm 1094 CASES CITED: Knowles v Anglican Church Property Trust (No. 2) (1999) 95 IR 380 Outboard Marine Pty Ltd T/as Budget Waste Control (Sydney) v Muir (1993) 51 IR 167 Pastrycooks Employees, Biscuit Makers Employees and Flour & Sugar Goods Workers Union (NSW) v Gartrell White (No 3) (1990) 35 IR 70 Perrott v XcelleNET Australia Ltd (1998) 84 IR 255 Strathfield Group Ltd v Hall (2002) 121 IR 158