Toal and Project Realty Group Pty Ltd [2005] NSWIRComm 1016

Industrial Relations Commission of New South Wales

CITATION: Toal and Project Realty Group Pty Ltd [2005] NSWIRComm 1016

APPLICANT: Leila Bama Toal PARTIES: RESPONDENT: Project Realty Group Pty Ltd

FILE NUMBER(S): 4439 of 2004

CORAM: McLeay C

CATCHWORDS: Termination of employment - unfair dismissal - real estate sales - estoppel not found - no probation - adequate training given - warnings about poor sales performance - allegation of sexual harassment - new draft agreement for payment on basis of commission only - late payment of wages - respondent refused to pay wages - witness credibility - dismissal unjust and unreasonable - order for compensation made

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 11/26/2004; 12/20/2004

DATE OF JUDGMENT: 02/09/2005

APPLICANT: Mr H S Cullinan, Agent LEGAL REPRESENTATIVES: RESPONDENT: Mr B Compton, Solicitor Leverage Australia Pty Ltd

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: McLEAY C 9 February 2005

Matter No IRC 4439 of 2004

Leila Bama Toal and Project Realty Group Pty Ltd Application by Leila Bama Toal re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996

DECISION [2005] NSWIRComm 1016

1 This is an application by Leila Bama Toal for unfair dismissal against Project Realty Group Pty Ltd pursuant to section 84 of the Industrial Relations Act 1996. The application shows that Ms Toal was dismissed from the position of real estate salesperson on 14 July 2004. The applicant had been employed by the respondent since 2 February 2004. 2 The matter was set down for conciliation on 10 August. When the matter was not resolved by conciliation, directions were issued regarding the filing and serving of witness statements. The matter was listed for hearing on 26 November with final submissions on 20 December 2004. 3 At the hearing, the applicant was represented by Mr H Cullinan, agent, who called evidence from Ms Toal. The respondent was represented by Mr B Compton, solicitor, who called evidence from Mr Anthony Judd, General Manager, Mr John Kessey, Sales Supervisor, and Mr Greg Chamberlain, Operations Manager.