DongDong Yang and Chinese Migrant Welfare Association [2008] NSWIRComm 208

Industrial Relations Commission of New South Wales

CITATION: DongDong Yang and Chinese Migrant Welfare Association [2008] NSWIRComm 208

APPELLANT PARTIES: DongDong Yang RESPONDENT Chinese Migrant Welfare Association

FILE NUMBER(S): IRC 660 of 2008

CORAM: Marks J; Harrison DP; Staff J

CATCHWORDS: Appeal - unfair dismissal proceedings - appellant employed on a fixed term part time contract - Commissioners decision deals with evidence in a comprehensive matter - maximum claim is for four days pay - no public interest - leave to appeal declined

LEGISLATION CITED: Industrial Relations Act 1996

CASES CITED: DongDong Yang and Chinese Migrant Welfare Association Inc [2008] NSWIRComm 1025

HEARING DATES: 30 October 2008 EXTEMPORE JUDGMENT DATE: 30 October 2008

APPELLANT Mr D Yang in person LEGAL REPRESENTATIVES: RESPONDENT Mr C W Fan (Chinese Migrant Welfare Association) Mr B Huang (Chinese Migrant Welfare Association)

JUDGMENT:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: Marks J Harrison DP Staff J

30 October 2008

Matter No IRC 660 of 2008

DongDong Yang and Chinese Migrant Welfare Association

Application by DongDong Yang for leave to appeal and appeal against a decision of Commissioner Tabbaa given on 28.4.2008 in matter no IRC 2007/1951

JUDGMENT ON LEAVE TO APPEAL (EX TEMPORE)

[2008] NSWIRComm 208

1 The appellant, DongDong Yang, seeks leave to appeal from the decision of Commissioner Tabbaa declining to find that his dismissal by the respondent, Chinese Migrant Welfare Association, was harsh, unjust or unreasonable. Both parties are unrepresented and both require the assistance of an interpreter.