NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Kaisser v A V Jennings Homes Ltd [2005] NSWIRComm 1221
APPLICANT Timothy Kaisser PARTIES: RESPONDENT A V Jennings Homes Ltd
FILE NUMBER(S): 7345 of 2004
CORAM: Macdonald C
CATCHWORDS: Unfair dismissal - constructive dismissal alleged - organisational restructure - new job offer - demotion - constructive dismissal found - compensation ordered
LEGISLATION CITED: Industrial Relations Act 1996
Clark v Pittwater RSL Club Limited [1998] 84 IR 309 Zoological Parks Board of NSW and Australian Workers Union, New South Wales[2004] NSW IRComm 85 CASES CITED: Government Railways and Tramways (Salaried Officers) Award Case [1934] AR 5 ALHMWU, NSW Branch and City of Sydney RSL (IRC 3201 of 2001) unreported 19 March 2002 Health Administration Corporation and Others v C rocker and Others [2004] NSWIRComm 163
HEARING DATES: 06/29/2005; 06/30/2005
DATE OF JUDGMENT: 12/21/2005
APPLICANT Mr R Alkadamani, Barrister Mr L Farrand, Solicitor LEGAL REPRESENTATIVES: Harris & Company
RESPONDENT Mr C Caley, Solicitor
DECISION: - 38 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: MACDONALD C
21 December 2005
Matter No IRC 7345 of 2004
Timothy Kaisser and AV Jennings Homes Ltd
Application by Timothy Kaisser re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996
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