Grogan -v- Superior Fire Services [2006] NSWIRComm 1049

Industrial Relations Commission of New South Wales

CITATION: Grogan -v- Superior Fire Services [2006] NSWIRComm 1049

APPLICANT PARTIES: Paul Grogan RESPONDENT Superior Fire Services Pty Ltd

FILE NUMBER(S): 5065 of 2005

CORAM: Cambridge C

CATCHWORDS: Unfair dismissal - termination of employment - alleged poor work performance - absence of proper warning of unsatisfactory work performance - erroneous implementation of dismissal - dismissal held as harsh, unreasonable and unjust - reinstatement or re-employment impractical - compensation Ordered

LEGISLATION CITED: Industrial Relations Act 1996 [NSW]

HEARING DATES: 27/03/06,28/03/06

EXTEMPORE JUDGMENT DATE : 03/28/2006

APPLICANT Mr. A Metcalf, barrister Solicitors for Applicant, Employment Help Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr. A Joseph, barrister Solicitors for Respondent Brown & Partners

DECISION: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

COMMISSIONER CAMBRIDGE

28 March 2006

Matter No IRC 5065 of 2005

Paul Grogan -v- Superior Fire Services Pty Ltd

Application by P Grogan re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996.

EXTEMPORE DECISION

[2006] NSWIRComm 1049 1 This matter involves a claim for unfair dismissal. The claim was made pursuant to section 84 of the Industrial Relations Act 1996 [NSW], (the Act). The claim was filed on 29 September 2005, by Employment Help Lawyers acting for Paul Grogan (the applicant). The application named the respondent employer as Superior Fire Services Pty Ltd (the employer).