NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Scott Boggs Vs Mamone Express Transport Pty Ltd [2005] NSWIRComm 1059
APPLICANT Scott Boggs PARTIES: RESPONDENT Mamone Express Transport Pty Ltd
FILE NUMBER(S): 5961 of 2004
CORAM: Murphy C
CATCHWORDS: Unfair Dismissal - Truck driver instantly dismissed for refusing last load and claiming to have medical appointment - applicant found to have attended doctor's surgery but not to have formal appointment and too late for consultation - evidence of applicant preferred of being dismissed and of seeking appropriate permission earlier from clients job despatch clerk, a relative of respondent and who usually made such arrangements - absence of procedual fairness - unfair in circumstances where applicant worked inordinate number of overtime hours for flat weekly rate - need to attend doctor where applicant suffers terminal illness - respondent's evidence of alleged behavioural issues and warnings not accepted as genuine.
LEGISLATION CITED: Industrial Relations Act 1996
CASES CITED: Smith Vs Director General of Education 51 IR 204
HEARING DATES: 02/21/2005 EXTEMPORE JUDGMENT DATE : 02/21/2005
APPLICANT Scott Boggs appeared in person LEGAL REPRESENTATIVES: RESPONDENT Mr Perry of Counsel
DECISION: 16 INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: MURPHY C
22 April, 2005.
Matter No IRC 5961 of 2004
SCOTT BOGGS AND MAMONE EXPRESS TRANSPORT PTY LIMITED
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