NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Luszczynski v Cement Australia Packaged Products [2005] NSWIRComm 1180
APPLICANT Wendy Marie Luszczynski PARTIES: RESPONDENT Cement Australia Packaged Products Pty Limited
FILE NUMBER(S): 2353 of 2005
CORAM: Cambridge C
CATCHWORDS: Unfair dismissal - termination of employment - resignation - alleged constructive dismissal - heat of the moment resignation - further written resignation - no contemporaneous challenge to employer accepting resignation - resignation held to be valid - no dismissal - claim dismissed.
LEGISLATION CITED: Industrial Relations Act 1996[NSW]
Minato v Palmer Corporation Ltd (1999) Industrial Relations Court of Australia, [Murphy JR], 63 IR 357. CASES CITED: Kwik-Fit (GB) Ltd Lineham (1992) ICR 183. Rheinberger v Huxley Marketing Pty Ltd, (1996), Industrial Relations Court of Australia, [Moore J], 67 IR 154.
HEARING DATES: 09/01/2005; 09/02/2005
DATE OF JUDGMENT: 11/15/2005
APPLICANT Mr P Newall, barrister Solicitors for applicant: Quinns Solicitors LEGAL REPRESENTATIVES: RESPONDENT Mr A Powter, solicitor Solicitors for respondent: TurksLegal
DECISION: - 3 -
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
COMMISSIONER CAMBRIDGE
15 November 2005
Matter No IRC 2353 of 2005
Wendy Marie Luszczynski -v- Cement Australia Packaged Products Pty Limited
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