Hogbin v Leviathan Maintenance Services [2001] NSWIRComm 283

Industrial Relations Commission of New South Wales

CITATION : Hogbin v Leviathan Maintenance Services [2001] NSWIRComm 283 PARTIES : Amanda Hogbin Leviathan Maintenance Services FILE NUMBER: IRC2692 of 2001 CORAM: Harrison DP CATCHWORDS : Unfair dismissal - alleged misconduct - abandonment of employment Held - not proven - termination harsh unreasonable and unjust - compensation awarded LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : Automatic Fire Sprinklers v Watson (1946) 72 CLR 435 HEARING DATES: 09/05/2001 DATE OF JUDGMENT: 11/09/2001

APPLICANT Mr J Wormington of Counsel LEGAL REPRESENTATIVES: RESPONDENT Mr Gary Colston

JUDGMENT: - 6 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP Friday, 9 November 2001 Matter No IRC 2692 of 2001

AMANDA HOGBIN AND LEVIATHAN MAINTENANCE SERVICES

Application re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996 DECISION [2001]NSWIRComm283

1 This matter was subject to arbitration proceedings on 5 September 2001 consequent upon earlier proceedings which determined that the matter could not be settled by agreement between the parties and which gave rise to directions for the filing and serving of statements of evidence. 2 On hearing Mr J Wormington of Counsel appeared on behalf of Ms Hogbin, the applicant. Mr Gary Colston, Managing Director of Leviathan Maintenance Services (the respondent) appeared on behalf of the respondent. 3 Mr Wormington brought evidence from Ms Hogbin; and Mr M Quinn, the applicant's boyfriend. 4 Mr Colston brought evidence from Mr K Kennett, an employee of the respondent; Mr J Leal, an employee of the respondent; Mr E (Ted) Colston, an employee of the respondent and Mr Gary Colston's father. Mr (G) Colston gave evidence by way of statement (ex 8) which he deposed under oath, and was subject to cross examination by Mr Wormington. THE EVIDENCE