Ledger - V - Gemtrip Pty Ltd Trading As Travelscene Bathurst [2005] NSWIRComm 1030

Industrial Relations Commission of New South Wales

CITATION: Ledger - V - Gemtrip Pty Ltd Trading As Travelscene Bathurst [2005] NSWIRComm 1030

APPLICANT Miriam Ruth Ledger PARTIES: RESPONDENT Gemtrip Pty Ltd Trading As Travelscene Bathurst Ben Gelin Solicitors

FILE NUMBER(S): 3382 of 2003

CORAM: Cambridge C

CATCHWORDS: Unfair Dismissal - termination of employment - procedural errors - hasty and harsh method of implementation of dismissal - insufficient evidence to establish substantive basis for dismissal - dismissal held as harsh, unreasonable and unjust - reinstatement or re-employment impractical - compensation Ordered

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 02/02/2005

DATE OF JUDGMENT: 03/08/2005

APPLICANT self represented LEGAL REPRESENTATIVES: RESPONDENT Mr B Gelin solicitor Ben Gelin Solicitors

DECISION: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

COMMISSIONER CAMBRIDGE

8 March 2005

Matter No IRC 3382 of 2003

Miriam Ruth Ledger - V - Gemtrip Pty Ltd Trading As Travelscene Bathurst

Application by Miriam Ruth Ledger re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996.

DECISION

[2005] NSWIRComm 1030

1 This matter involves a claim for unfair dismissal. On 20 June 2003, Miriam Ruth Ledger (the applicant), filed an application for Relief in relation to unfair dismissal. The application was made pursuant to section 84 of the Industrial Relations Act 1996 [NSW], (the Act). The application named the respondent employer as Gemtrip Pty Ltd T/a Travelscene Bathurst. The employer has subsequently been more accurately identified as Gemtrip Pty Ltd, ABN 29071586902, trading as Travelscene Bathurst, (the employer). 2 Following unsuccessful attempts at resolving the claim by way of conciliated settlement, the matter proceeded to Arbitration involving Hearing on 2 February 2005, in Bathurst.