Maria Perez and The Owners' Corporation [2005] NSWIRComm 1040

Industrial Relations Commission of New South Wales

CITATION: Maria Perez and The Owners' Corporation [2005] NSWIRComm 1040

APPLICANT Maria Sylvia Perez PARTIES: RESPONDENT The Owners Corporation

FILE NUMBER(S): 6365 of 2002

CORAM: Macdonald C

CATCHWORDS: Unfair dismissal - jurisdictional issues raised by Respondent - partnership - independent contractor - uncontested by Applicant - no jurisdiction held

LEGISLATION CITED: Industrial Relations Act 1996

Stevens v Brodribb Sawmilling Company Pty Ltd (1986) 160 CLR 16 CASES CITED: Hollis v VABU Pty Ltd (2001) 207 CLR 21

HEARING DATES: 05/09/2003 EXTEMPORE JUDGMENT DATE : 04/26/2005

APPLICANT Unrepresented LEGAL REPRESENTATIVES: RESPONDENT G Butterfield, Solicitor

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: COMMISSIONER MACDONALD

26 April 2005

Matter No IRC 6365 of 2002

Maria Sylvia Perez v The Owner's Corporation

Application by Maria Syliva Perez re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996

DECISION

[2005] NSWIRComm 1040

1 This is an application by Maria Sylvia Perez ("the Applicant") for unfair dismissal against The Owners' Corporation ("the Respondent") pursuant to section 84 of the Industrial Relations Act 1996 ("the Act). 2 The matter was set down for a Preliminary Hearing on 6 December 2002. The Applicant appeared unrepresented. The Respondent was represented by Mr G Butterfield, solicitor, who advised that the Respondent is a strata scheme made up of the owners of a building comprising 34 units. The Applicant he said, carried out cleaning services for the Respondent and was one of the owners within the building in question. The Applicant was one of two persons who were the owners of a business which provided cleaning services to the building in question.