NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Helen Miriam Ross and A E R Pty Ltd [2005] NSWIRComm 1140
APPLICANT Helen Miriam Ross
PARTIES: RESPONDENT A E R Pty Ltd
FILE NUMBER(S): 5817 of 2003
CORAM: McLeay C
Unfair dismissal - termination of employment - conflict of interest - summary dismissal - no proper procedure followed - attempts to undermine credibility - cash payments not properly recorded - applicant admitted providing fraudulent information to ATO - difference as to whether she operated under instructions - work performance issues - onus on respondent to justify summary dismissal - onus fulfilled - application dismissed CATCHWORDS:
Industrial Relations Act 1996 LEGISLATION CITED:
Pastrycooks Employees, Biscuit Makers Employees and Flour and Sugar Goods Workers Union v Gartrell White [No.3] (1990) 35 IR 70
CASES CITED: Wang v Crestell Industries Pty Ltd (1997) 73 IR 454
HEARING DATES: 07/21/2005; 07/22/2005
DATE OF JUDGMENT: 08/30/2005
APPLICANT Mr J Law, Agent John F Law & Associates LEGAL REPRESENTATIVES:
RESPONDENT Mr T Fox, Solicitor Fox & Associates, Lawyers
DECISION: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: MCLEAY C
30 August 2005
Matter No IRC 5817 of 2003
Helen Miriam Ross and A E R Pty Ltd
Application by Helen Miriam Ross re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996
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