NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Druett and Coles Myer and Others [2006] NSWIRComm 62
APPLICANT (RESPONDENT TO NOTICE OF MOTION) PARTIES: Garry Keith Druett RESPONDENT (APPLICANT TO NOTICE OF MOTION) Coles Myer Logistics Pty Ltd
FILE NUMBER(S): IRC 4010 of 2005
CORAM: Sams DP
Termination of employment - unfair dismissal - notice of motion - commercial arrangement between labour hire company and host employer - applicant sent to other employers - labour hire company accepts the applicant is employed by it as a casual employee - uncontested evidence - applicant employed through labour hire company - costs application. CATCHWORDS: Held; applicant continues to have ongoing employment through labour hire company - respondent not the applicant's employer - notice of motion granted - application for costs refused - application out of time - significant jurisdictional hurdles - substantive matter to be listed for directions and conciliation.
LEGISLATION CITED: Industrial Relations Act 1996
Bankstown City Council v Paris (1999) 93 IR 209 CASES CITED: Four Sons Pty Limited v Sakchai Limsiripothong (No 2) (2000) 100 IR 400 Dee Donovan and Tanya Sullivan t/as Blaze On Stage Pty Ltd [2005] NSWIRComm 362
HEARING DATES: 14/02/2006
DATE OF JUDGMENT: 03/03/2006
APPLICANT (RESPONDENT TO NOTICE OF MOTION) Mr Garry Keith Druett, unrepresented
LEGAL REPRESENTATIVES: RESPONDENT (APPLICANT TO NOTICE OF MOTION) Mr T Anderson Senior State Human Resources Advisor Coles Myer Logistics Pty Ltd
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