Peter Leo Smith and D.M. Roberts & Company, Solicitors [2005] NSWIRComm 1007

Industrial Relations Commission of New South Wales

CITATION: Peter Leo Smith and D.M. Roberts & Company, Solicitors [2005] NSWIRComm 1007

APPLICANT Peter Leo Smith PARTIES: RESPONDENT Beverley Boyle

FILE NUMBER(S): IRC 2312 of 2004

CORAM: Tabbaa C

CATCHWORDS: Failure to prosecute case expeditiously - failure to mitigate losses - applicant's case had little prospect of success - vexatious claim

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 05/31/2004; 09/13/2004

DATE OF JUDGMENT: 01/04/2005

Applicant appeared in person LEGAL REPRESENTATIVES: RESPONDENT Beverley Boyle, Solicitor

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: TABBAA, C.

4 January 2005

Matter No IRC 2312 of 2004

PETER LEO SMITH and D.M. ROBERTS & COMPANY, Solicitors.

Application by P. Smith re: unfair dismissal pursuant to section 84 of the Industrial Relations Act, 1996. DECISION

[2005] NSWIRComm 1007

1 Mr. Peter Leo Smith (the applicant) filed a claim under Section 84 of the Industrial Relations Act, 1996 on 16 April, 2004 alleging that the respondent had unfairly dismissed him on 15 April, 2004. The applicant contended that he had been employed from 10 July, 2000 until his dismissal as a Litigation Lawyer.

2 The file was allocated on the same day and was set down for conference and directions on 31 May, 2004 at which time the following appearances were entered:

Mr. P. Smith Applicant, on his own behalf

Mrs. B. Boyle Sole Practitioner, on behalf of the Respondent