Mejias &Federal Express Australia Pty Ltd [2006] NSWIRComm 1016

Industrial Relations Commission of New South Wales

CITATION: Mejias &Federal Express Australia Pty Ltd [2006] NSWIRComm 1016

APPLICANT PARTIES: Mr. Ric Mejias RESPONDENT Federal Express

FILE NUMBER(S): 1720 of 2005

CORAM: Ritchie C

CATCHWORDS: Application for unfair dismissal - Applicant held senior security position with the respondent - Applicant organised for work to be carried out for respondents handling agent at the airport. Sought for ongoing relationship with agent - Work carried out by applicant's private company unbeknown to agent - Claim by respondent of conflict of interest, contrary to company policy - Claim by respondent that applicant misused his position to discover competitors quote to win business for his private company - Claim by respondent that applicant used respondent's computer for private use and access inappropriate web sites - This contrary to company policy - Applicant unaware of policies covering these issues - Applicant acknowledged work done but claimed no conflict of interest. and denied misuse of computer - Commission found that applicant aware of policies and found that policies had been breached, although did not find he had accessed inappropriate web sites - Applicant in a position of trust, trust no longer exists - Application dismissed

LEGISLATION CITED: Industrial Relations Act 1996.

HEARING DATES: 24/10/2005; 25/10/2005; 26/10/2005; 25/11/2005; 01/12/2005

DATE OF JUDGMENT: 02/03/2006

APPLICANT appeared for himself

LEGAL REPRESENTATIVES: RESPONDENT Mr. J.Fernan of Counsel SOLICITORS Mr. C. Oliver of Baker &McKenzie