NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : Ghunaim and C P & E Ting Pty Ltd [2000] NSWIRComm 272 APPLICANT PARTIES : Samih Ali Ghunaim RESPONDENT C P & E Ting Pty Ltd, t/as Swatow Imports FILE NUMBER: 2496 of 2000 CORAM: Sams DP Termination of employment - unfair dismissal - refusal to obey employer's lawful direction - whether direction reasonable - misconduct - whether misconduct justified dismissal - mitigating factors. CATCHWORDS : Held, applicant refused reasonable lawful direction - previous warnings - applicant's mala fides - no mitigating circumstances - misconduct justified dismissal - employer's onus discharged - application dismissed. LEGISLATION CITED : Industrial Relations Act 1996 Ueckert and Australian Water Technologies Pty Ltd (unreported) Sams DP, IRC5553 of 1999, 25 July 2000 CASES CITED : Foster and Woolworths Limited (unreported) Sams DP, IRC6385 of 1999, 27 October 2000 Day v Lumley Life, 90 IR 70 HEARING DATES: 10/11/2000; 10/12/2000 DATE OF JUDGMENT: 12/15/2000
APPLICANT Mr M Warton Solicitor LEGAL REPRESENTATIVES: RESPONDENT Mr G Moses Employers' Federation of New South Wales
JUDGMENT: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS DP
15 December 2000
Matter No IRC00/2496
SAMIH ALI GHUNAIM AND C P & E TING PTY LTD t/as SWATOW IMPORTS
Application by Samih Ali Ghunaim re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996
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