Lenard and Jay and Kay Safety Glass Pty Ltd [2003] NSWIRComm 305

Industrial Relations Commission of New South Wales

CITATION : Lenard and Jay and Kay Safety Glass Pty Ltd [2003] NSWIRComm 305 APPLICANT: PARTIES : Peter Raymond Lenard RESPONDENT: Jay and Kay Safety Glass Pty Ltd FILE NUMBER: 106 of 2003 CORAM: Sams DP CATCHWORDS : Interlocutory decision - whether application out of time - conduct of proceedings - date of applicant's dismissal - ex parte hearing - Commission's Rules - uncontested evidence - wording of dismissal letter - actual dismissal - application within 21 day time limit - application competently before the Commission - further programming. LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 09/08/2003 DATE OF JUDGMENT: 09/25/2003

APPLICANT: Peter Raymond Lenard LEGAL REPRESENTATIVES: RESPONDENT: No appearance

JUDGMENT: - 6 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS DP

25 September 2003 Matter No IRC03/106 PETER RAYMOND LENARD AND JAY AND KAY SAFETY GLASS PTY LTD Application by Peter Raymond Lenard re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996 INTERLOCUTORY DECISION [2003] NSWIRComm 305

1 Peter Raymond Lenard (the 'applicant') filed a claim of alleged unfair dismissal on 9 January 2003 under Pt 6 ch 2 of the Industrial Relations Act 1996 (the 'Act'). The applicant had been employed by Jay and Kay Safety Glass Pty Ltd (the 'respondent') since 9 March 2002 as Works Manager on a salary of $1000 per week. The applicant had previously worked for the respondent in 1999-2000. The respondent company is owned by Mr Iosif Validakis. The applicant is Mr Validakis' ex wife's nephew.