Issome Ghama v Warraboo Pty Limited t/as De Costi Seafoods Broadway [2005] NSWIRComm 1162

Industrial Relations Commission of New South Wales

CITATION: Issome Ghama v Warraboo Pty Limited t/as De Costi Seafoods Broadway [2005] NSWIRComm 1162

APPLICANT Issome Ghama PARTIES: RESPONDENT Warraboo Pty Limited t/as De Costi Seafoods

FILE NUMBER(S): 6064 of 2004

CORAM: Macdonald C

CATCHWORDS: Unfair dismissal - constructive dismissal alleged - facts and test for constructive dismissal considered - constructive dismissal not found - unfair dismissal application dismissed

LEGISLATION CITED: Industrial Relations Act 1996

CASES CITED: Allison v Bega Valley Council (1995) NSWIR Comm 175

HEARING DATES: 07/06/2005

DATE OF JUDGMENT: 10/14/2005

APPLICANT Mr I Ghama, unrepresented LEGAL REPRESENTATIVES: RESPONDENT Mr Reid, unrepresented

DECISION: - 10 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: COMMISSIONER MACDONALD

14 October 2005

Matter No IRC 6064 of 2004

Issome Ghama v Warraboo Pty Ltd t/as De Costi Seafoods Broadway

Application by Issome Ghama re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996

DECISION

[2005] NSWIRComm 1162

D E C I S I O N

1 This Decision concerns an application for relief for unfair dismissal filed by Issome Ghama ("the Applicant") on 13 October 2004, against Warraboo Pty Limited t/as De Costi Seafoods Broadway ("the Respondent"), pursuant to s 84 of the Industrial Relations Act 1996 ("the Act").

2 The application was heard at the same time as IRC 6065 of 2005, which was an application filed by another employee (Mr Marcel Misuraca) against the same Respondent. The applications while heard at the same time were dealt with as separate applications.