Narda Tapia v Lagoon Seafood Restaurant [2003] NSWIRComm 341

Industrial Relations Commission of New South Wales

CITATION : Narda Tapia v Lagoon Seafood Restaurant [2003] NSWIRComm 341 APPLICANT Narda Tapia PARTIES : RESPONDENT Lagoon Seafood Restaurant FILE NUMBER: IRC 1551 of 1998 CORAM: Glynn J CATCHWORDS : Industrial dispute - claims of victimisation pursuant to s 210(g) (as it then was) - made on two bases - applicant had provided witness statement in support of fellow employee's unfair dismissal application and applicant had initiated own victimisation claim - applicant on rehabilitation return to work programme - continuing victimisation claimed - applicant left three weeks later after work incident - claim of direct dismissal - Held: not dismissed, no victimisation. Victimisation - defence of respondents - conspiracy alleged between applicant and her agent - agent former Labour Council official - acknowledged enmity between agent and respondent - agent personally involved in number of incidents claimed to support conspiracy defence - Held: no conspiracy. LEGISLATION CITED : Industrial Relations Act 1996 s 210(g) s 213 CASES CITED : Davis v Amalgamated Television Services Pty Ltd (1998) 81 IR 364 R v Shannon [1974] 2 All ER 1009. HEARING DATES: 09/01/1998; 09/02/1998; 09/14/1998; 10/06/1998; 10/07/1998; 12/10/1998; 02/25/1999; 07/06/1999; 10/05/1999; 10/07/1999; 10/15/1999; 11/30/1999; 12/01/1999; 12/02/1999; 12/03/1999; 12/17/1999; 02/28/2000; 02/29/2000; 04/13/2000; 04/14/2000; 06/26/2000; 06/27/2000; 06/28/2000; 06/29/2000; 06/30/2000; 07/14/2000; 07/17/2000; 07/18/2000; 07/19/2000; 07/20/2000; 07/21/2000; 10/30/2000; 12/04/2000; 12/05/2000; 12/06/2000; 12/07/2000; 12/08/2000; 03/26/2001; 03/27/2001; 03/28/2001; 03/29/2001; 03/30/2001; 05/17/2001; 10/29/2001; 10/30/2001; 10/31/2001; 11/01/2001; 11/02/2001; 11/16/2001; 07/08/2002; 10/10/2002 DATE OF JUDGMENT: 10/22/2003