Brien -V- Harrisons Timber and Hardware [2005] NSWIRComm 1001

Industrial Relations Commission of New South Wales

CITATION: Brien -V- Harrisons Timber and Hardware [2005] NSWIRComm 1001

APPLICANT Adam Matthew Brien PARTIES: RESPONDENT Harrisons Timber and Hardware

FILE NUMBER(S): 6889 of 2003

CORAM: Cambridge C

CATCHWORDS: Unfair dismissal - termination of employment - alleged poor work performance - absence of written reasons for dismissal - insufficient evidence to establish substantive basis for dismissal - absence of proper warning of unsatisfactory work performance - hasty and harsh method of implementation of dismissal - dismissal held as harsh, unreasonable and unjust - reinstatement or re-employment impractical - compensation Ordered

LEGISLATION CITED: Industrial Relations Act 1996

Commissioner for Government Transport v Royall (1966) 116CLR 314. D & R Commercial v Flood (2002) Full Commission of Industrial Relations Commission of NSW [Wright P, Walton VP & Tabbaa C] 113IR 344. CASES CITED: Electricity Commission of New South Wales trading as Pacific Power v NIEASS and Others (1995) Full Commission of Industrial Relations Commission of NSW, [Fisher P Bauer J & Patterson CC], 81IR 46. Hurskin v Australian Jewish Press Pty Ltd (1996) Industrial Relations Court of Australia, [Millane JR], 69IR 123. Zhu v Reliable Mailing Services Pty Ltd (1998) Industrial Relations Commission of New South Wales, [McLeay C], IRC No. 4595 of 1998, Decision delivered 17 November 1998.

HEARING DATES: 09/02/2004; 09/03/2004; 11/22/2004

DATE OF JUDGMENT: 01/25/2005

APPLICANT Mr P Bruckner of Counsel Solicitor for applicant: Mr K Solari LEGAL REPRESENTATIVES: