NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Mohamed v. Reuben F Scarf (Retail) Pty Limited [2004] NSWIRComm 1113 APPLICANT Sherif Mohamed PARTIES: RESPONDENT Reuben F Scarf (Retail) Pty Limited FILE NUMBER: IRC 6749 of 2003 CORAM: Connor C CATCHWORDS: unfair dismissal - misconduct - theft - aborted criminal investigation - monetary compensation - onus of proof - costs LEGISLATION CITED: Industrial Relations Act 1996 Henderson v. Rural Lands Protection Board (1997) 74 IR 142 D and R Commercial Pty Limited v. Flood (2002) 113 IR 344 Pastrycooks Employees, Biscuit Makers Employees and Flour and Sugar Goods Workers Union v. Gartrell White (No.3) (1990) 35 IR 70 CASES CITED: Wang v. Crestell Industries Pty Limited (1997) 73 IR 454 M v. M (1988) 63 ALJR 108 Briginshaw v. Briginshaw (1938) 60 CLR 336 General Steel Industries Inc. v Commissioner for Railways (1964) 112 CLR 125 HEARING DATES: 10/25/2004 DECISION DATE: 11/10/2004 APPLICANT Anthony Russo
REPRESENTATIVES: RESPONDENT Elaine Brus
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: CONNOR C
Wednesday, 10 November, 2004
Matter No IRC 6749 of 2003
Sherif Mohamed and Reuben F Scarf (Retail) Pty Limited
Application under S.84 of the Industrial Relations Act, 1996
DECISION
[2004] NSWIRComm 1113
Preliminary
1 Mr Sherif Mohamed was employed as store manager by Reuben F Scarf (Retail) Pty Limited which conducts twelve retail stores in New South Wales selling men's clothing and employs approximately sixty persons in its operations. Mr Mohamed was employed at the Bankstown store. His services were summarily terminated on Tuesday, 11 November, 2003 for misconduct after four years of employment for the alleged theft of moneys for banking to the value of $1,170.00. Mr Mohamed denied that he had stolen the money and he subsequently lodged an application under Part 6, Unfair Dismissals, of Chapter 2, Employment [Ss.83 to 90] of the 1996 Industrial Relations Act.
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