Whitehead v Hillier Hewitt Elsley Pty Ltd [2003] NSWIRComm 382

Industrial Relations Commission of New South Wales

CITATION : Whitehead v Hillier Hewitt Elsley Pty Ltd [2003] NSWIRComm 382 APPLICANT PARTIES : Francis James Whitehead RESPONDENT Hillier Hewitt Elsley Pty Ltd FILE NUMBER: IRC 2032 of 2003 CORAM: Harrison DP CATCHWORDS : Application re unfair dismissal - actions to establish business in competition to employer - offer to colleague to join proposed business - breakdown in mutual trust. Held - no lack of procedural fairness - termination of employment not harsh, unreasonable or unjust. LEGISLATION CITED : Industrial Relations Act 1996 Blyth Chemicals Ltd v Bushnell (1933) 49 CLR 66 CASES CITED : Concut Pty Ltd v Worrell and Anor (2000) 103 IR 160 NSW Electricity Commission v Nieass (1995) 81 IR 46 HEARING DATES: 10/13/2003 DATE OF JUDGMENT: 11/19/2003

APPLICANT Solicitor Mr G Tyler Tyler and Associates LEGAL REPRESENTATIVES: RESPONDENT Counsel Mr J Wormington

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

CORAM: HARRISON DP Wednesday, 19 November 2003

MATTER NO IRC 2032 OF 2003

FRANCIS JAMES WHITEHEAD AND HILLIER HEWITT ELSLEY PTY LTD

Application re unfair dismissal pursuant to s84 of the Industrial Relations Act 1996 ("the Act")

DECISION [2003] NSWIRComm 382

1 The application in this matter was filed on 11 April 2003 and subject to proceedings for the purpose of Conciliation and Directions on 14 May 2003. These proceedings established that the matter could not be settled by conciliation. Directions issued to bring the matter to hearing on a date to be fixed consequent upon compliance with directions for filing and serving of evidentiary material. At further directions proceedings on 8 August 2003 hearing was scheduled for 13 October 2003.