Gardiner v. BlueScope Steel (AIS) Pty Limited [2005] NSWIRComm 1034

Industrial Relations Commission of New South Wales

Gardiner v. BlueScope Steel (AIS) Pty Limited [2005] NSWIRComm 1034 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Australian Workers' Union, New South Wales

PARTIES: RESPONDENT BlueScope Steel (AIS) Pty Limited

FILE NUMBER(S): 4406 of 2004

CORAM: Connor C

termination of employment - claim of unfair dismissal - steelworks - locomotive operations - failure of applicant to appear for cross-examination - want of prosecution - absenteeism - work attitude - fighting at work - assault - conflict in the evidence - credibility of witnesses - past employment record - failure to disclose injury on recruitment CATCHWORDS:

Industrial Relations Act 1996 LEGISLATION CITED:

Bell v. Lever Brothers Limited (1932) AC 161 Bottrill v. James Hardie and Company Pty Limited (1975) AILR Rep.544 Bottrill v. James Hardie and Company Pty Limited (1975) AILR Rep.1093 Cooper v. BHP Steel (AIS) Pty Limited (unreported) Electricity Commission of New South Wales v. Federated Engine Drivers and Firemen's Association (1975) AILR Rep.957 Gorman v. BHP Integrated Steel Division (unreported) CASES CITED: Hollingsworth v. Commissioner for Police (No.2) (1999) 88 IR 282 Jankoski v. BHP Port Kembla (1996) 71 IR 313 Little v. Commissioner of Police (No.2) (2002) 112 IR 212 Noakes v. Omya Southern Pty Limited (unreported) Printing and Kindred Industries Union v. John Fairfax and Sons Limited (unreported) R. v. Everingham (1949) 66 WN(NSW) 122