NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Hayes -v- Network Kitchens Pty Ltd [2006] NSWIRComm 1122
APPLICANT PARTIES: The Construction, Forestry, Mining and Energy Union (NSW Branch) on behalf of Beau Hayes RESPONDENT Network Kitchens Pty Ltd (ABN 32 083 294 277)
FILE NUMBER(S): 1499; 1500 of 2006
CORAM: Cambridge C
CATCHWORDS: Unfair dismissal - termination of employment - victimisation claim - apprenticeship withdrawn - operation of s.83(3) - probation - operation of cl. 6 of Regulation - absence of substantive basis - procedural errors - denial of natural justice - dismissal held as harsh, unreasonable and unjust - compensation Ordered - victimisation found - orders made for remuneration or other financial benefits lost or foregone - underpayment Orders made.
Apprenticeship and Traineeship Act 2001 LEGISLATION CITED: Industrial Relations Act 1996 [NSW] Industrial Relations (General) Regulation 2000
CASES CITED: Jones v Dunkel (1959) 101 CLR 298. D & R Commercial v Flood (2002) Full Commission of Industrial Relations Commission of NSW [Wright P, Walton VP & Tabbaa C] 113IR 344.
HEARING DATES: 17/07/06
DATE OF JUDGMENT: 08/08/2006
APPLICANT Ms L Charlson from the CFMEU LEGAL REPRESENTATIVES: RESPONDENT Mr D Strbik, Director of respondent in person
DECISION: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
COMMISSIONER CAMBRIDGE
8 August 2006
Matter No IRC 1499 of 2006
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