Nicholson v Tomago Discount Self Storage [2004] NSWIRComm 357

Industrial Relations Commission of New South Wales

CITATION : Nicholson v Tomago Discount Self Storage [2004] NSWIRComm 357 PARTIES : Sharon Nicholson Tomago Discount Self Storage FILE NUMBER: IRC 1056 of 2004 CORAM: Harrison DP CATCHWORDS : Application re unfair dismissal pursuant to s 84 of Industrial Relations Act 1996 - Question of redundancy due to poor financial performance - conduct of Applicant prior to termination - question of responsibility for financial performance Held - conduct of Applicant post termination prevented discussion - termination not harsh, unreasonable or unjust. LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 11/15/2004 DATE OF JUDGMENT: 12/16/2004

APPLICANT Mr F Austin Counsel

Solicitors Lyons and Lyons LEGAL REPRESENTATIVES:

RESPONDENT Solicitors Mr J Palmieri Palmieri Lawyers

JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP Thursday, 16 December 2004 MATTER NO IRC 1056 OF 2004

SHARON NICHOLSON AND TOMAGO DISCOUNT SELF STORAGE

Application re unfair dismissal pursuant to s84 of the Industrial Relations Act 1996 ("the Act")

DECISION [2004] NSWIRComm 357

1 Ms Sharon Nicholson was employed by Tomago Discount Self Storage ("the Company") from 20 November 2002 until 10 February 2004 in the capacity of Manager. Ms Nicholson's remuneration was $576.92 per week plus an average $50 per week car allowance. Ms Nicholson was afforded full responsibility and almost complete autonomy in developing the business on behalf of the owners, represented by Mr Keith Howard.