NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Brown v Nicole Obeid (nee Eshensky) trading as Hairlairious [2005] NSWIRComm 1135
APPLICANT Nadia Brown PARTIES: RESPONDENT Nicole Obeid (nee Eshensky) trading as Hairlairious
FILE NUMBER(S): 781 of 2005
CORAM: McLeay C
CATCHWORDS: Termination of employment - unfair dismissal - hairdresser - alleged theft of intellectual property - inappropriate conduct - work performance issues not substantiated - issues not raised with applicant - onus on respondent to justify summary dismissal not fulfilled - dismissal was unjust and unreasonable - applicant's conduct after termination taken into account - no compensation awarded
LEGISLATION CITED: Industrial Relations Act 1996
Gorgevski v Bostik (Australia) Pty Ltd (1991) 39 IR 229 Standley v Electronics Boutique Aust Ltd (unreported, IRC 4516 of 1998, 18 March 1999) CASES CITED: Metrans Pty Ltd v Courtney-Smith and Ors [1981] 8 IR 379 Pastrycooks, Biscuit Makers and Flour and Sugar Goods Workers' Union (NSW) v Gartrell White (No.3) (1990) 35 IR 70 Franklins Limited v Webb (1997) 72 IR 257
HEARING DATES: 06/21/2005; 07/01/2005
DATE OF JUDGMENT: 08/23/2005
APPLICANT Ms L Tucker Solicitor LEGAL REPRESENTATIVES: Kingsford Legal Centre
RESPONDENT Mr J Murphy of Counsel
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: MCLEAY C
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