Rose v East Coast Conveyancing [2001] NSWIRComm 182

Industrial Relations Commission of New South Wales

CITATION : Rose v East Coast Conveyancing [2001] NSWIRComm 182 PARTIES : Joan Elaine Rose East Coast Conveyancing FILE NUMBER: IRC 5187 of 2000 CORAM: Harrison DP Application for relief from alleged unfair dismissal CATCHWORDS : Held - redundancy not genuine, termination harsh unreasonable and unjust - compensation ordered LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : Re The Holy Family School, Lindfield re Dismissal of Teacher (1975) 75 AR 991 HEARING DATES: 07/20/2001 DATE OF JUDGMENT: 08/20/2001

APPLICANT Mr Kevin Byrnes Solicitor of Kevin Byrnes & Associates LEGAL REPRESENTATIVES: RESPONDENT Mr Tony Cox Solicitor of Paul Bollen & Associates

JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP Monday, 20 August 2001 Matter No IRC 5187 of 2000 joan elaine rose and east coast conveyancing Application re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996 DECISION [2001] NSWIRComm 182

1 This matter was subject to arbitration proceedings at Wauchope on 20 July 2001 in accordance with directions issued following unsuccessful attempts to resolve the matter in conciliation. 2 Mr K Byrnes, Solicitor of Kevin Byrnes and Associates, appeared on behalf of Ms Joan Rose, the applicant. Mr T Cox, Solicitor of Paul Bollen and Associates, appeared on behalf of East Coast Conveyancing, the respondent. 3 Mr Byrnes brought evidence from Ms Rose. Mr Cox brought evidence form Mr Adrian Richards, principal of the respondent; Mrs Sue Richards, spouse and business partner of Mr Adrian Richards; and Ms Merrilyn Page, the current manager of the respondent's Port Macquarie office. THE FACTS