NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Murray v John and Pamela Cocker t.as Hastings Marine [2006] NSWIRComm 1003
APPLICANT Peter Bradley Murray PARTIES: RESPONDENT John and Pamela Cocker t/as Hastings Marine
FILE NUMBER(S): 3268 of 2005
CORAM: McLeay C
CATCHWORDS: Unfair dismissal - service manager - incidents at work - applicant suffering from depression - limited support for respondents - OHS implications - respondents claimed applicant resigned - continuing communication between parties - timely medical certificates not provided - applicant's wife not called, Jones v Dunkel inference - right to claim constructive dismissal waived - applicant estopped from withdrawing waiver - found, applicant resigned - application dismissed
LEGISLATION CITED: Industrial Relations Act 1996
CASES CITED: Commonwealth of Australia v Verwayen (1990) 170 CLR 394
HEARING DATES: 16/12/2005
DATE OF JUDGMENT: 01/24/2006
APPLICANT Mr I Paul, Solicitor GWM Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr M Magennis, Solicitor Falvey Associates Lawyers
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: McLEAY C
24 January 2006
Matter No IRC 3268 of 2005
Peter Bradley Murray and John and Pamela Cocker t/as Hastings Marine
Application by Pater Bradley Murray re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996
DECISION
[2006] NSWIRComm 1003
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