NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : Scott v Centre Staffing Sydney [2001] NSWIRComm 67 PARTIES : Elissa Jane Scott Centre Staffing Sydney Pty Ltd FILE NUMBER: IRC 4920 of 2000 CORAM: Harrison DP at 1 CATCHWORDS : Unfair dismissal - contract of employment - procedural fairness - warning of unacceptable behaviour - refusal of offer of reinstatement Intervention declined LEGISLATION CITED : Industrial Relations Act 1996 Antonakopoulos v State Bank of NSW 91 IR 385 CASES CITED : Newton v NSW Police Service 87 IR 66 Johnson v Catholic Education Office 87 IR 57 Jupiter General Insurance v Ardeshir 1937 3 ALL ER 67 HEARING DATES: 02/12/2000 DATE OF JUDGMENT: 04/10/2001
Mr A Duc as Agent for applicant LEGAL REPRESENTATIVES: Mr J Anthony Solicitor of Braye Cragg Solicitors
JUDGMENT: - 12 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP Tuesday, 10 April 2001 Matter No IRC 4920 of 2000
Elissa Scott & Centre Staffing Sydney Pty Ltd
Application re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996 DECISION 1 The application in this matter was filed on 10 October 2000 and subject to proceedings for the purpose of directions and conciliation on 20 October 2000 at which time there was no appearance by the applicant. The matter was again subject to directions and conciliation on 15 November 2000. 2 Mr A Duc appeared with and on behalf of the applicant, Mrs Scott. Mr J Anthony, solicitor of Braye Cragg Solicitors, appeared on behalf of Centre Staffing Sydney, the respondent employer, with Ms K Eilich. 3 These proceedings established that the matter could not be resolved by agreement between the parties. Directions were issued to bring the matter to arbitration on 12 February 2001. 4 On hearing Mr Duc brought evidence from Mrs Scott and Mr Michael Scott, the applicant's husband. Mr Anthony brought evidence from Ms Kaylene Eilich, a Director of the respondent; and Ms Pauline Cameron, employed by the respondent as Branch Manager of its Gosford office. THE EVIDENCE
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