Smith v. Karl Azzi Australia Pty Limited [2004] NSWIRComm 1106

Industrial Relations Commission of New South Wales

CITATION: Smith v. Karl Azzi Australia Pty Limited [2004] NSWIRComm 1106 APPLICANT Michael Bruce Smith PARTIES: RESPONDENT Karl Azzi Australia Pty Limited FILE NUMBER: IRC 3869 of 2004 CORAM: Connor C CATCHWORDS: unfair dismissal - changes to employment contract - part time work - application for adjournment refused LEGISLATION CITED: Industrial Relations Act 1996 Schuck v. Ipec Transport Group (1994) 36 AILR Rep.41 Zubrinich v. Pasminco Metals BHAS Pty Limited (1994) 61 SAIR 154 Russian v. Woolworths (South Australia) Pty Limited (1995) 62 SAIR 806 CASES CITED: Re Loty and Holloway and the Australian Workers' Union (1971) AR 95 Outboard World Pty Limited v. Muir (1993) 51 IR 167 Busways v. Johnson (1994) 55 IR 255 Macleay Valley Health Service v. Jeffree (1994) 58 IR 187 D and R Commercial Pty Limited v. Flood (2002) 113 IR 344 HEARING DATES: 11/23/2004 DECISION DATE: 12/09/2004 APPLICANT Ramy Bdeir

REPRESENTATIVES: RESPONDENT Neil Sullivan

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: CONNOR C

Thursday, 9 December, 2004

Matter No IRC 3869 of 2004

Michael Bruce Smith and Karl Azzi Australia Pty Limited

Application under S.84 of the Industrial Relations Act, 1996

DECISION

[2004] NSWIRComm 1106

Introduction

1 Pursuant to the provisions of Part 6, Unfair Dismissals, of Chapter 2, Employment [Ss.83 to 90] of the 1996 Industrial Relations Act, Mr M B Smith has lodged an application concerning the termination of his services as a hairdresser with Karl Azzi Australia Pty Limited. Mr Smith commenced employment on Monday, 21 July, 2003. At that time his employer was Eddie Azzi Australia Pty Limited but some three months after he commenced employment the name of the business was changed to Karl Azzi. Mr Smith's services were terminated on Thursday, 10 June, 2004. In his Part 6 application Mr Smith has claimed that the termination of his services was unfair and he has sought monetary compensation over it.