Cieron Green and Garden Magic Harrington Park Pty Ltd. [2005] NSWIRComm 1144

Industrial Relations Commission of New South Wales

CITATION: Cieron Green and Garden Magic Harrington Park Pty Ltd. [2005] NSWIRComm 1144

APPLICANT Cieron Greene PARTIES: RESPONDENT Garden Magic Harrington Park Pty Ltd

FILE NUMBER(S): 74 of 2005

CORAM: Murphy C

CATCHWORDS: Applicant dismissed for alleged serious and wilful misconduct in threatening respondent representative with knife. Credibility of all witnesses paramount in determining claim. Independence and reliability of witnesses assessed. Applicant and his witnesses evidence to be preferred over those of respondent. Applicant accordingly found to have been unfairly dismissed for false reason, involving police action against applicant.

LEGISLATION CITED: Industrial Relations Act 1996

CASES CITED: Wang v Crestell Industries Pty Ltd

HEARING DATES: 05/16/2005; 05/17/2005; 07/05/2005 EXTEMPORE JUDGMENT DATE : 09/20/2005

APPLICANT Cieron Greene represented by Ms T Moriarty of LHMWU LEGAL REPRESENTATIVES: RESPONDENT Mr J Tunks of Marsdens Solicitors

DECISION: - 46 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: MURPHY C

Date issued: 20 September, 2005.

Matter No IRC 74 of 2005

CIERON GREENE AND GARDEN MAGIC HARRINGTON PARK PTY LTD

Application by Cieron Greene re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996

DECISION

[2005] NSWIRComm 1144

1 Mr Greene was employed as a chef in the Cafe Rose within the Garden Magic Garden Centre at Narellan from December, 2003 until his dismissal, twelve months later on the 18th December, 2004. 2 The applicant was represented by Ms T Moriarty of the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, whilst the respondent was represented by Mr J Tunks of Marsdens Solicitors. 3 The matter was the subject of conciliation on the 10th February, followed by a further conference on the 18th March, after which the Commission was required to list the matter for hearing which commenced on the 16th May, and continued on the 17th May. Final submissions were heard on the 5th July, 2005, after which I reserved my decision.