NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Macris v Pashion Pty Ltd [2005] NSWIRComm 141
Bernard Macris PARTIES: Pashion Pty Limited
FILE NUMBER(S): 7289 of 2003
CORAM: Grayson DP
CATCHWORDS: Unfair dismissal - dispute as to whether applicant resigned or was dismissed - allegation that letter of resignation bearing applicant's signature was brought into existence by forgery or other improper means - applicant instructed lawyers to have letter forensically examined - no expert evidence ultimately brought by applicant - inconsistencies in evidence as to authenticity of signature - onus on applicant to justify intervention of Commission - onus not discharged - application dismissed
LEGISLATION CITED: Industrial Relations Act 1996
Ngo v Link Printing (1999) 94 IR 375 Bigg v NSW Police Service (1998) 810 IR 434 Mainalto v Palmer Corp Ltd (1995) 63 IR 357 Allison v Bega Valley Council (1995) 63 IR 68 Gunnedah Shire Council v Grout (1995) 134 ALR 156 CASES CITED: Saddington v BWIU and Another (1993) 49 IR 323 Sovereign House Security Services Ltd v Savage [1989] IRLR 115) Birrell v Australian National Airlines Commission (1984) 9 IR 101 The Australian Wool Selling Brokers Employers' Federation v The Federated Storeman and Packers Union of Australia (1976) 176 C.A.R. 884 Western Suburbs District Ambulance Committee v Tipping [1957] AR (NSW) 273 Barrett v Crown Street Women's Hospital [1947] AR (NSW) 565
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