Philip Brunt v The Continental Spirits Company [2005] NSWIRComm 1133

Industrial Relations Commission of New South Wales

CITATION: Philip Brunt v The Continental Spirits Company [2005] NSWIRComm 1133

APPLICANT Philip Brunt PARTIES: RESPONDENT The Continental Spirits Company

FILE NUMBER(S): 175 of 2005

CORAM: Macdonald C

CATCHWORDS: Unfair dismissal - Applicant's drinking incident on site after hours - Applicant's drinking problerm/stress at work correlation - Applicant and his wife sought help from Respondent - Respondent failed to apply its Employee Assistance Programme Policy to Applicant - Reinstatement

LEGISLATION CITED: Industrial Relations Act 1996

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

HEARING DATES: 06/08/2005; 06/14/2005; 06/15/2005; 06/16/2005

DATE OF JUDGMENT: 08/26/2005

APPLICANT Mr S Prince, barrister Mr W Szekely, solicitor LEGAL REPRESENTATIVES: RESPONDENT Mr A Moses, barrister Ms J Swift, Employers First

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: COMMISSIONER MACDONALD

26 August 2005

Matter No IRC 175 of 2005

Philip Brunt v The Continental Spirits Company

Application by Philip Brunt re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996

DECISION

[2005] NSWIRComm 1133

1 This is an application by Philip Brunt ("the Applicant") for unfair dismissal against The Continental Spirits Company ("the Respondent") pursuant to section 84 of the Industrial Relations Act 1996 ("the Act"). 2 The matter was set down for Conciliation and Directions on 2 February and 4 March 2005. On the former date, a Hearing and filing program was put in place. 3 At the Hearing, the Applicant was represented by Mr S Prince, barrister and instructing solicitor, Mr W Szekely.