Knowles v Roffey [2001] NSWIRComm 180

Industrial Relations Commission of New South Wales

CITATION : Knowles v Roffey [2001] NSWIRComm 180 PARTIES : Rebecca Gai Knowles Roffey Educational Pty Ltd T/as Bridal Collections FILE NUMBER: IRC 5561 of 2000 CORAM: Harrison DP CATCHWORDS : Application for relief from alleged unfair dismissal - held - lack of procedural and substantive fairness - compensation diminished by applicant's conduct - offer of reinstatement held not to be genuine - costs awarded against respondent. LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : Bounuoar v The Spanish Club (1999) 94 IR 166 HEARING DATES: 07/17/2001; 07/18/2001 DATE OF JUDGMENT: 08/13/2001

APPLICANT Ms Rebecca Gai Knowles LEGAL REPRESENTATIVES: on her own behalf RESPONDENT Mr R Stephen, Solicitor

JUDGMENT: - 9 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP Monday, 13 August 2001 Matter No IRC 5561 of 2000

REBECCA GAI KNOWLES AND ROFFEY EDUCATIONAL PTY LTD T/AS BRIDAL COLLECTIONS

Application re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996 DECISION 1 The application in this matter was filed on 16 November 2000 and first listed for conciliation proceedings before Mr Commissioner Patterson on 28 November 2000. These proceedings were vacated and the matter subject to conciliation proceedings on 19 and 20 December 2000 before Commission Patterson at Gosford Court House. 2 In those conciliation proceedings the applicant, Ms Rebecca Knowles, was represented by Mr P Moore, solicitor of Brazel Moore and Daley. Mr R Stephen, solicitor appeared on behalf of the respondent employer, Roffey Educational Pty Ltd trading as Bridal Collections. 3 An offer of reinstatement was made which was rejected by the applicant. The applicant sought compensation of an amount of six weeks pay at the rate of $41,000 per annum, plus $2,000.00, which was not accepted by the respondent. 4 The Commissioner adjourned proceedings on 19 December 2000 to allow the parties further time to consider the offers before them, resuming on 20 December 2000. Transcript of those proceedings reveals diligent efforts by the Commissioner in conciliation, which were ultimately unsuccessful. The applicant pressed the matter to determination, putting objection to further proceedings before Commissioner Patterson pursuant to s173 of the Industrial Relations Act 1996 ('the Act'). 5 Mr Stephen put a notice of motion to Commissioner Patterson on 20 December 2000 in the following terms: 1. Leave be granted for short service of this Motion.