NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : EVAN AVADES v KINGSFORD CAR WASH PTY LIMITED [2001] NSWIRComm 202 APPLICANT: Evan Avades PARTIES : RESPONDENT: Kingsford Car Wash Pty. Limited. FILE NUMBER: 2637 of 2000 CORAM: Grayson DP Whether dismissal or abandonment of employment - reliability of evidence - onus on applicant to establish intervention of Commission is warranted - failure to so establish fatal to application CATCHWORDS : Held, on balance of probabilities no dismissal - no warrant for Commission's intervention - application dismissed LEGISLATION CITED : Industrial Relations Act 1996 Western Suburbs District Ambulance Committee v Tipping [1957] AR (NSW) 273 Bigg v NSW Police Service (1998) 80 IR 434 CASES CITED : Barrett v Crown Street Women's Hospital [1947] AR (NSW) 565 Re Homebush Abattoir [1966] AR (NSW) 386 Shop, Distributive and Allied Employees Association (NSW Branch) v Jewell Food Stores (1987) 22 IR 1 Coles Myer Ltd v Shop Distributive and Allied Employees Association (NSW) (1989) 27 IR 299 HEARING DATES: 08/28/2001 DATE OF JUDGMENT: 09/05/2001
APPLICANT: Ms.N.Alameddine Agent LEGAL REPRESENTATIVES: RESPONDENT: Mr.M.Sahade Counsel
JUDGMENT: - 10 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: GRAYSON DP
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