HOSKINS AND TRADER NICK'S and LAURIE AND BILL SHEAD t/as TRADER NICK'S [2000] NSWIRComm 144

Industrial Relations Commission of New South Wales

CITATION : HOSKINS AND TRADER NICK'S and LAURIE AND BILL SHEAD t/as TRADER NICK'S [2000] NSWIRComm 144 Sean Patrick Hoskins Trader Nick's PARTIES : and Natalie Renee Laurie Bill Shead t/as Trader Nick's FILE NUMBER: 6134 of 1998 and 2352 of 1999 CORAM: Sams DP IRC98/6134 Termination of employment - unfair dismissal - whether dismissal harsh unreasonable or unjust - alleged poor performance - procedural fairness - general principles.

Held, allegations of poor performance not substantiated - applicant denied procedural fairness - Jones & Dunkel considerations - applicant's evidence preferred - compensatory remedy ordered. CATCHWORDS : IRC99/2352 Termination of employment - unfair dismissal - whether dismissal was harsh unreasonable or unjust - seasonal downturn in business - whether dismissal related to applicant's pregnancy - whether other reasons for dismissal - general principles

Held, valid reason for dismissal - applicant acknowledged that the business experiences a seasonal downturn - applicant conceded her pregnancy not a reason for dismissal - contradictory evidence of both parties - no finding of unfair dismissal - justice served by dismissing application. LEGISLATION CITED : Industrial Relations Act 1996 Police Association of New South Wales, on behalf of Adam Tregonning and New South Wales Police Service (unreported) Sams DP, Matter IRC2799 OF 1999, 8 March 2000 Herson and One.Tel Ltd (unreported) Sams DP, Matter IRC5161 of 1998, 18 February 2000 National Union of Workers New South Wales Branch on behalf of Mumby and Zammitt and Davids Distribution Pty Ltd (unreported) Sams DP, Matters IRC2056 & IRC2060 of 1999, 9 February 2000 Gregory v Phillip Morris (1988) 24 IR 397 at 398 CASES CITED : Jones and Dunkel (1959) 101 CLR 298 Allison v Bega Valley Council, 63 IR 68 Norwest Exports pty Ltd & Ors v Coxon & Ors, 15 IR 116 Outboard World v Muir (1993) 51 IR 167 Shop Distributive and Allied Employees' Association, New South Wales and W D & H O Wills Holdings Ltd (unreported) Sams DP, Matter IRC3363 of 1999, 5 May 2000 HEARING DATES: 04/27/2000; 04/28/2000 DATE OF JUDGMENT: 08/11/2000