Farmakis & J & N Pty Limited Trading As Nonie Ressler Realtor [2005] NSWIRComm 1057

Industrial Relations Commission of New South Wales

CITATION: Farmakis & J & N Pty Limited Trading As Nonie Ressler Realtor [2005] NSWIRComm 1057

APPLICANT Ms Sue Farmakis PARTIES: RESPONDENT J & N Pty Limited t/as Nonie Ressler Realtor

FILE NUMBER(S): 7076 of 2003

CORAM: Tabbaa C

CATCHWORDS: unfair dismissal - substantive fairness - procedural fairness - summary dismissal

Industrial Relations Act LEGISLATION CITED: 1996

HEARING DATES: 05/24/2004; 05/25/2004

DATE OF JUDGMENT: 05/09/2005

APPLICANT Mr John Dunn Haydon Fowler Corbett Jessop, Solicitors LEGAL REPRESENTATIVES: RESPONDENT Mr Dean Groundwater Warren McKeon Dickson

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: Commissioner Tabbaa

09 May, 2005

Matter No IRC 7076 of 2003

SUE FARMAKIS and J & N PTY. LIMITED trading as NONIE RESSLER REALTOR

Application by Sue Farmakis re unfair dismissal pursuant to section 84 of the Industrial Relations Act, 1996.

DECISION

[2005] NSWIRComm 1057

1 The applicant filed a claim under Section 84 of the Industrial Relations Act, 1996 on 11 December, 2003 alleging that the respondent had unfairly dismissed her on 26 November, 2003. The applicant contended that she had been employed from 07 March, 2002 until her dismissal as a Property Consultant pursuant to the provisions of the Real Estate Industry (State) Award.

2 The file was allocated on the same day and was set down for conference and directions on 27 January, 2004 at which time conciliation attempts failed to resolve the claim and a filing schedule was directed.