NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Robyne Louise Cole and Sean Francis Xavier Kenny [2007] NSWIRComm 1074
APPLICANT Robyne Louise Cole PARTIES: RESPONDENT Sean Francis Xavier Kenny
FILE NUMBER(S): 3558 of 2006
CORAM: Murphy C
Employed estate sales agent claimed dismissal after heated exchange with employer, annoyed by her reducing client's commission from 4.4% to 3.3% to secure an exclusive agency agreement. CATCHWORDS: Respondent claimed unilateral action by applicant cost $12,860; was against policy; but applicant left of own accord. Corroborative evidence from two employees as to hearing respondent ask her not to leave. Credibility of respondent questionable, but applicant's failure to refute aspects heard by other employees meant not discharged onus to prove threshold issue that dismissal took place. Application dismissed.
CASES CITED: Jones & Dunkel (1959) 101 CLR 298
HEARING DATES: 12/6/2007, 28/06/2007.
DATE OF JUDGMENT: 30 October 2007
Mr Maurice Gelbert of Counsel briefed by Ralph Wall, a solicitor of Hinterland Legal, Mullumbimby. LEGAL REPRESENTATIVES: Mr P Smart of Counsel briefed by Darryl Quigley, Partners, Lawyers of Byron Bay.
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: MURPHY C
30 October, 2007.
Matter No IRC 3558 of 2006
Robyne Louise Cole and Sean Francis Xavier Kenny
Application by Robyne Louise Cole re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996
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