NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Jones v Making Waves Design Pty Ltd [2005] NSWIRComm 1020
APPLICANT: Felicity Jones PARTIES: RESPONDENT: Making Waves Design Pty Ltd
FILE NUMBER(S): 3545 of 2004
CORAM: McLeay C
CATCHWORDS: Termination of employment - unfair dismissal - production coordinator - proposed contractual arangement not finalised - engagement as a contractor not alternative employment - intention to leave - tension or animosity - applicant's decision to leave - redundancy payment offered, not accepted - redundancy not a surprise - small company - Employment Separation Certificate not accurate - settled principles - genuine redundancy - dismissal not harsh, unreasonable or unjust - application dismissed
Industrial Relations Act 1996 LEGISLATION CITED: Employment Protection Act 1982
Shop, Distributive and Allied Employees' Association, New South Wales and W D & H O Wills Holdings Ltd [2000] NSWIRComm 98 (9 June 2000) CASES CITED: Huseyin Arslan and Others and Berkeley Challenge (Commercial) Pty Limited and Others [2001] NSWIRComm 45 (19 March 2001)
HEARING DATES: 12/13/2004
DATE OF JUDGMENT: 02/22/2005
APPLICANT: Mr A Searle of senior counsel LEGAL REPRESENTATIVES: Mr C Fesel, Solicitor
RESPONDENT: Mr R De Meryck of counsel
DECISION:
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: McLEAY C 22 February 2005
Matter No IRC 3545 of 2004
Felicity Jones and Making Waves Design Pty Ltd Application by Felicity Jones re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996
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