Heape and General George Carpets Pty Ltd [2002] NSWIRComm 146

Industrial Relations Commission of New South Wales

CITATION : Heape and General George Carpets Pty Ltd [2002] NSWIRComm 146 APPLICANT: PARTIES : Sarah Jo Heape RESPONDENT: General George Carpets Pty Ltd FILE NUMBER: 5392 of 2001 CORAM: Sams DP Termination of employment - unfair dismissal - reasons for dismissal - meaning of "harsh, unreasonable and unjust" - procedural fairness - principles considered. CATCHWORDS : Held, no issues of performance - no question of misconduct - applicant dismissed because of the conduct of her husband - applicant received no warning of her dismissal - applicant given no opportunity to defend her right to continue in employment - applicant denied procedural fairness - reinstatement impractical - compensation appropriate - short service and alternative employment taken into account - orders made. LEGISLATION CITED : Industrial Relations Act 1996 Outboard World v Muir (1993) 51 IR 167 Byrne & Anor v Australian Airlines (1995) 185 CLR 410 Davey v Enacon Parking Pty Ltd (unreported, Connor C, Matter IRC1886 of 1995, 15 December 1995) Hoskins and Trader Nick's and Laurie and Bill Shead t/as Trader Nick's [2000] NSWIRComm 144 Herson and One.Tel Ltd (unreported, Sams DP, Matter IRC5181 of 1998, 18 February 2000) CASES CITED : Bankstown City Council v Paris, 93 IR 209 Naganathan and Soluble Solutions Pty Ltd (unreported, McKenna C, Matter IRC5917 of 1996, 14 April 1997) Antonakopoulos v State Bank (1999) 91 IR 385 D & R Commercial Pty Ltd and Flood [2002] IRComm 88 Wilson v Department of Education and Training, 100 IR 1 Buckman v Burdekin, 85 IR 418 HEARING DATES: 05/06/2002 DATE OF JUDGMENT: 06/28/2002