Huxley v Newcastle City Spares Pty Ltd [2003] NSWIRComm 246

Industrial Relations Commission of New South Wales

CITATION : Huxley v Newcastle City Spares Pty Ltd [2003] NSWIRComm 246 APPLICANT PARTIES : Stephen Boyd Huxley RESPONDENT Newcastle City Spares Pty Ltd FILE NUMBER: IRC 2433 of 2003 CORAM: Harrison DP CATCHWORDS : Application re unfair dismissal pursuant s84 - respondent failed to appear in arbitration - matter heard ex parte - termination of employment retaliation for refusal to invest in business - found harsh, unreasonable and unjust - compensation awarded LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 08/05/2003 DATE OF JUDGMENT: 08/08/2003

APPLICANT Mr John Wormington, Counsel LEGAL REPRESENTATIVES: RESPONDENT No appearance

JUDGMENT: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP Friday, 8 August 2003

Matter No IRC 2433 of 2003

STEPHEN BOYD HUXLEY AND NEWCASTLE CITY SPARES PTY LTD

Application re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996.

DECISION [2003] NSWIRComm 246

1 The application in this matter was filed on 6 May 2003 and subject to Conciliation and Directions proceedings on 21 May 2003.

2 It was established that the matter could not be settled by agreement between the parties and Directions issued to bring the matter to hearing on 5 August 2003.

3 On Hearing Mr J Wormington of Counsel appeared on behalf of the applicant, Mr Stephen Huxley. There was no appearance on behalf of the respondent, Newcastle City Spares Pty Ltd. Advice was received by telephone from Mr S Rayfield, solicitor of Rayfield Lawyers informing the Commission that he no longer represented the respondent, but had contacted the respondent on the morning of proceedings, 5 August 2003, who withdrew his instructions and advised him that there was no intention to appear, asserting that the business no longer existed.