Bindoff v. BioSeptic Pty Limited [2005] NSWIRComm 1091

Industrial Relations Commission of New South Wales

CITATION: Bindoff v. BioSeptic Pty Limited [2005] NSWIRComm 1091

APPLICANT Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union

PARTIES: RESPONDENT Bio Septic Pty Limited

FILE NUMBER(S): 807 of 2004

CORAM: Connor C

CATCHWORDS: termination of employment - allegation of the performance of work without authority or qualifications - whether matter already decided in prior proceedings - matter settled by conciliation

Industrial Relations Act 1996 LEGISLATION CITED:

Ex parte Hassell, re Quirk (1937) 37 SR(NSW) 192 CASES CITED: Smith v. Boston (1999) 97 IR 1

HEARING DATES: 06/15/2005 EXTEMPORE JUDGMENT DATE : 06/15/2005

APPLICANT Colin Drane Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union LEGAL REPRESENTATIVES:

RESPONDENT Doug Ferris

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: CONNOR C

Wednesday, 15 June, 2005

Matter No IRC 807 of 2004

Craig Robert Bindoff and Bio Septic Pty Limited

Application by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union under S.84 of the Industrial Relations Act, 1996

DECISION

[2005] NSWIRComm 1091

1 Pursuant to the provisions of Part 6, Unfair Dismissals, of Chapter 2, Employment [Ss.83 to 90] of the 1996 Industrial Relations Act, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union has lodged an application on behalf of its member, Mr C R Bindoff who was employed as a senior technical officer with Bio Septic Pty Limited to install and maintain septic systems in private dwellings. Mr Bindoff's services were terminated on Thursday, 29 January, 2004 after almost four years of employment. In its Part 6 application the AFMEPKIU has claimed that the termination of Mr Bindoff's services was unfair and it has sought his reinstatement, re-employment or, alternatively, monetary compensation in lieu thereof.