Kelvin Michael Farrington v West Harbour Rugby Football Club Limited (ACN 000 377 337) [2003] NSWIRComm 270

Industrial Relations Commission of New South Wales in Court Session

CITATION : Kelvin Michael Farrington v West Harbour Rugby Football Club Limited (ACN 000 377 337) [2003] NSWIRComm 270 APPLICANT: Kelvin Michael Farrington PARTIES : RESPONDENT: West Harbour Rugby Football Club Limited (ACN 000 377 337) FILE NUMBER: 4528 of 2001 CORAM: Staunton J CATCHWORDS : Contract of employment - application for relief - whether fight by applicant amounted to serious and wilful misconduct or misconduct justifying dismissal without notice as provided in the contract of employment - application of s109A raised in relation to part of the Summons as pleaded - misconduct justifying summary dismissal not established on facts and circumstances - finding that the contract between the applicant and the respondent became unfair - in considering grounds for relief, a finding as to irretrievable breakdown in working relationship between applicant and Board of respondent before incident giving rise to dismissal occurred - consideration as to what would be 'just in all the circumstances of the case' for making of a money order under s106(5) - matters taken into account - relief granted - respondent to pay applicant's costs. LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : Yew v ACI Glass Packaging Pty Ltd (1996) 71 IR 201 AWU - FIME Amalgamated Union v Queensland Alumina (1995) 62 IR 385 HEARING DATES: 05/26/2003; 05/27/2003; 05/28/2003; 05/29/2003 DATE OF JUDGMENT: 09/05/2003

APPLICANT: Mr J Pearce of counsel SOLICITORS: Mr P Murphy Paul Murphy & Associates LEGAL REPRESENTATIVES: RESPONDENT: Mr A Britt SOLICITORS: Mr B Taylor Michell Sillar Solicitors