Transport Workers' Union of New South Wales (on behalf of Robert Manowski) and TNT Australia Pty Ltd [2006] NSWIRComm 1009

Industrial Relations Commission of New South Wales

CITATION: Transport Workers' Union of New South Wales (on behalf of Robert Manowski) and TNT Australia Pty Ltd [2006] NSWIRComm 1009

APPLICANT Transport Workers' Union of New South Wales (on behalf of Robert Manowski) PARTIES: RESPONDENT TNT Australia Pty Ltd

FILE NUMBER(S): 6229 of 2004

CORAM: Macdonald C

CATCHWORDS: Unfair dismissal - reinstatement sought - allegation of harassment against Applicant - alleged prior warning - reinstatement ordered

LEGISLATION CITED: Industrial Relations Act 1996

Antonakopoulos v State Bank of New South Wales (1999) 91 IR 385 Jones v Dunkel (1959) 101 CLR 298 CASES CITED: Laws v London Chronicle (Indicator Newspapers) Limited (1959) 1 WLR 698 Outboard World Pty Ltd v Muir (1993) 51 IR 167 Western Suburbs District Ambulance Committee v Tipping (1957) AR (NSW) 273

HEARING DATES: 18/04/05, 19/04/05, 14/11/05, 17/11/05

DATE OF JUDGMENT: 03/10/2006

APPLICANT Mr Astorga, legal officer Transport Workers' Union of New South Wales LEGAL REPRESENTATIVES: RESPONDENT Ms V Leeds, corporate employee relations manager Mr S Woodbury, solicitor Blake Dawson Waldron

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: MACDONALD C

10 March 2006

Matter No IRC 6229 of 2004

Transport Workers' Union of New South Wales (on behalf of Robert Manowski) and TNT Australia Pty Ltd Application by Transport Workers' Union of New South Wales on behalf of its member Robert Manowski re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996