NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : TWU v Orica Pty Ltd [2001] NSWIRComm 156 PARTIES : Transport Workers' Union of Australia, New South Wales Branch on behalf of Mr Bernard Jurd Orica Australia Pty Ltd FILE NUMBER: IRC 251 of 2001 IRC 534 of 2001 CORAM: Harrison DP CATCHWORDS : Unfair dismissal - employee of 181/2 years unblemished service - resignation given under duress not acted upon by employer - termination whilst suffering diagnosed stress - failure to apply employer's stress management policy - dispute re overtime availability - unregistered enterprise bargaining agreement - leadership requirement of team based organisational strucutre Held - dismissal harsh, unreasonable and unjust - reinstatement with no loss of wages or continuity of employment LEGISLATION CITED : Industrial Relations Act 1996 Cherry v Allied Express Transport [1997] 73 IR 305 CASES CITED : Ngo v Link Printing Pty Ltd [1999] 94 IR 375 Birrell v Australian National Airlines Commission [1984] 9 IR 101 Effem Foods Pty Ltd t/as Uncle Ben's of Australia v Urban [1997] 81 IR 341 HEARING DATES: 06/12/2001; 06/13/2001 EXTEMPORE JUDGMENT DATE : 06/13/2001
APPLICANT Mr A Metcalfe Transport Workers Union of Australia, NSW Branch
LEGAL REPRESENTATIVES: RESPONDENT Mr C Fisher Fisher Cartwright Berriman
JUDGMENT: - 20 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP Thursday, 12 July 2001
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