NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Allen & New Horizons Enterprises Ltd [2005] NSWIRComm 1179
APPLICANT Mr Trevor Paul Allen PARTIES: RESPONDENT New Horizons Enterprises Limited
FILE NUMBER(S): IRC 823 of 2005
CORAM: Stanton C
CATCHWORDS: Unfair dismissal - Procedural fairness - Unsatisfactory work performance - Proper investigation - Dismissal held as harsh, unreasonable and unjust - Compensation ordered
LEGISLATION CITED: Industrial Relations Act 1996
Antonakopoulos v State Bank (1999) 91 IR 385 Bankstown City Council v Paris (1999) 93 IR 209 CASES CITED: Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Franklins Ltd v Webb (1996) 72 IR 257 at 262
HEARING DATES: 07/25/2005
DATE OF JUDGMENT: 11/07/2005
APPLICANT Mr J Wormington of Counsel LEGAL REPRESENTATIVES: RESPONDENT Mr Hellyer, Solicitor Workplace Relations Consulting Pty Ltd
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: STANTON C
7 November 2005
Matter No IRC 823 of 2005
Trevor Paul Allen and New Horizons Enterprises Limited
Application by Trevor Paul Allen re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996.
DECISION [2005] NSWIRComm 1179
1 This is an application pursuant to section 84 of the Industrial Relations Act 1996 (the Act) by Mr Trevor Allen (the "applicant") seeking relief from his alleged unfair dismissal on the grounds of unsatisfactory work performance from New Horizons Enterprises Limited (the "respondent") on 31 January 2005.
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