Styles v Port City Bowl [2001] NSWIRComm 210

Industrial Relations Commission of New South Wales

CITATION : Styles v Port City Bowl [2001] NSWIRComm 210 PARTIES : Vicki Lorraine Styles Port City Bowl FILE NUMBER: IRC 4070 of 2001 CORAM: Harrison DP CATCHWORDS : Application for relief from unfair dismissal - application filed out of time - reason for delay health of applicant's spouse - application admitted out of time. Held - termination resulting from business restruccture for genuine commercial purposes - respondent employed less than 15 employees - application for relief refused. LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 08/21/2001 DATE OF JUDGMENT: 09/10/2001

APPLICANT Mrs V Styles

LEGAL REPRESENTATIVES: RESPONDENT Ms E Cooper Solicitor of Priest McCarron Solicitors

JUDGMENT: - 5 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP Monday, 10 September 2001 Matter No IRC 4070 of 2001

VICKI LORRAINE STYLES AND PORT CITY BOwl

Application re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996 DECISION [2001] NSWIRComm 210

1 This matter was subject to arbitration proceedings on 21 August 2001 consequent upon earlier proceedings which determined that the matter could not be settled by agreement between the parties and which gave rise to directions for the filing and serving of statements of evidence. 2 On hearing Mrs Styles, the applicant, represented herself. Ms E Cooper, solicitor of Priest McCarron Solicitors, appeared on behalf of Port City Bowl, the respondent, with Mr B Avery. 3 Mrs Styles relied upon the information contained in her application (ex 1) and was not required for cross examination thereto. 4 Ms Cooper brought evidence from Mr Avery, Managing Director of the respondent.