NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Howarth -v- Linfox Armaguard Pty Limited [2005] NSWIRComm 1170
APPLICANT Colin John Howarth PARTIES: RESPONDENT Linfox Armaguard Pty Limited (ABN 83 099 701 872)
FILE NUMBER(S): 5659 of 2004
CORAM: Cambridge C
Unfair dismissal - termination of employment - summary dismissal - evidentiary onus to justify summary dismissal - allegations of gross and wilful misconduct - insufficient evidence to establish substantive basis for dismissal - procedural errors - denial of natural justice - condonation of misconduct - incompatability of alleged misconduct with summary dismissal - dismissal held as harsh, unreasonable and unjust - reinstatement Ordered. CATCHWORDS:
LEGISLATION CITED: Industrial Relations Act 1996 [NSW]
Australian Meat Holdings Pty Ltd v The Association of Foremen and Supervisors, Full Commission of the Industrial Relations Commission of NSW, [Fisher P , Peterson J & O'Neill CC], unreported Judgment in matter no. 1358 of 1992 delivered on 25 March 1993. CASES CITED: Jones v Dunkel (1959) 101 CLR 298. McCasker v Darling Downs Co-operative Bacon Association Ltd, Supreme Court of Queensland, [Ryan J], 25IR 107 @ page 114.
HEARING DATES: 05/19/2005; 09/20/2005
DATE OF JUDGMENT: 10/28/2005
APPLICANT Mr G Astorga LEGAL REPRESENTATIVES:
RESPONDENT Mr R Krajewski
DECISION: - 1 -
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
COMMISSIONER CAMBRIDGE
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