Industrial Relations Commission of New South Wales CITATION : Nguyen v Swan Services Pty Limited [2002] NSWIRComm 322 APELLANT: Hong Nguyen PARTIES : RESPONDENT: Swan Services Pty Limited FILE NUMBER: IRC 4213 of 2002 CORAM: Harrison DP; Haylen J; O'Neill C CATCHWORDS : Appeal - Leave to appeal - leave refused LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : Box Valley Pty Ltd v Price (2000) 97 IR 484 HEARING DATES: 11/21/2002 EXTEMPORE JUDGMENT DATE : 12/02/2002 APPELLANT: Ms H Nguyen LEGAL REPRESENTATIVES: RESPONDENT: Ms C Ronalds of counsel JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES FULL BENCH CORAM: HARRISON DP HAYLEN J O'NEILL C MONDAY, 2 DECEMBER 2002 MATTER NO IRC 4213 OF 2002 HONG NGUYEN AND SWAN SERVICES PTY LIMITED Application by Hong Nguyen for leave to appeal and appeal against a decision of Cambridge C given on 28 June 2002 in Matter IRC 2001/4186 DECISION OF THE COMMISSION EX TEMPORE [2002] NSWIRComm 322 1 This is an application for leave to appeal and, if granted, appeal against a decision of Mr Commissioner Cambridge given on 28 June 2002 in matter IRC2001/4186. 2 On appeal Ms Nguyen ("the appellant") appeared on her own behalf, with the assistance of Mr Paul Ho, Interpreter. Ms C Ronalds of Counsel appeared with Ms J Koch on behalf of the respondent. 3 We have determined that the requisite public interest has not been established in this matter in order to grant leave to appeal. 4 We draw the parties attention the Decision of a Full Bench of this Commission in Box Valley Pty Ltd v Price (2000) 97 IR 484 which states: In any event we think it should be emphasised, as clearly as we may, that appellate review is not available under this statute as of right, but requires the requisite degree of importance to attract leave to appeal. Mere contest as to findings of fact which might otherwise remain open on the evidence will generally, in the absence of other considerations, not attract leave. 5 We have had the opportunity to examine the file of proceedings before Cambridge C, including transcript and evidence. We are satisfied that there was no error in the finding by the Commission that the appellant's employment was terminated during a period of probation, precluding the application for relief from unfair dismissal pursuant to Regulation 5B of the Industrial Relations Act 1996. 6 We consider that leave to appeal should be refused. 7 We order: 1. Leave to appeal is refused. 2. The appeal is dismissed. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.