Smith v Paddington Osteopathic Centre (No.2) [2009] NSWIRComm 1017

Industrial Relations Commission of New South Wales

CITATION: Smith v Paddington Osteopathic Centre (No.2) [2009] NSWIRComm 1017

APPLICANT PARTIES: Angela Mary Smith RESPONDENT Paddington Osteopathic Centre

FILE NUMBER(S): 1366 of 2008

CORAM: Cambridge C

CATCHWORDS: Unfair dismissal - termination of employment - amount of compensation assessed under section 89(6) - basis for assessment of compensation.

LEGISLATION CITED: Industrial Relations Act 1996[NSW]

CASES CITED: D & R Commercial Pty Ltd v Flood, Full Bench of Industrial Relations Commission of NSW, [Wright P, Walton VP & Tabbaa C], 113IR 344.

HEARING DATES: 2 April 2009

DATE OF JUDGMENT: 2 April 2009

EXTEMPORE JUDGMENT DATE : 2 April 2009

APPLICANT Ms S Southgate, solicitor Kingsford Legal Centre

LEGAL REPRESENTATIVES: RESPONDENT Mr P Strain, barrister Solicitors for respondent Gibson Howlin Lawyers

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

COMMISSIONER CAMBRIDGE

2 April 2009

Matter No IRC 1366 of 2008

Angela Mary Smith v Paddington Osteopathic Centre

Application by Angela Mary Smith re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996.

DECISION NUMBER 2

EXTEMPORE

[2009] NSWIRComm1017 1 This Decision is issued further to the earlier Decision made in this matter on 6 February 2009. 2 The applicant's unfair dismissal claim taken pursuant to the provisions of Part 6 of Chapter 2 (sections 83-90) of the Industrial Relations Act 1996 [NSW], (the Act), was successful. In the earlier Decision the Commission found in favour of the applicant Angela Mary Smith, against her former employer, the Paddington Osteopathic Centre (the respondent). 3 The issue of the quantum of any compensation was specifically not determined in the earlier Decision and has been the subject of further proceedings including today's Hearing.