Ryan and Anijes Pty Ltd t.as Anita Villa. [2006] NSWIRComm 1018

Industrial Relations Commission of New South Wales

CITATION: Ryan and Anijes Pty Ltd t.as Anita Villa. [2006] NSWIRComm 1018

APPLICANT Selina Ryan PARTIES: RESPONDENT Anijes Pty Ltd t/as Anita Villa

FILE NUMBER(S): 2115 of 2006

CORAM: Murphy C

CATCHWORDS: Constructive dismissal claimed by applicant who came into work on day off to resign, allegedly due to employers action in threatening to call police upon discovery of her use of resident's computer late the previous evening when off-duty. Found applicant not entitled to feelings claimed in respect to that incident. Commission did not accept that applicant sought to discuss resigntion and that she unreasonably declined invitation to discuss with employer, when giving resignation.

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 11/11/2005

DATE OF JUDGMENT: 02/02/2006

APPLICANT Ms V Dimond, Solicitor, of Vicki Dimond & Co LEGAL REPRESENTATIVES:

RESPONDENT Mr S Borrow, Solicitor of Leanna Street & Associates

DECISION: - 1 -

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: MURPHY C

Thursday 2 February, 2006.

Matter No IRC 2115 of 2005

SELINA RYAN AND ANIJES PTY LTD T/AS ANITA VILLA.

Application by Selina Ryan re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996

DECISION

[2006] NSWIRComm 1018

1 Ms Selina Ryan was employed as an Assistant in Nursing at the Anita Villa Nursing Home at Katoomba from the 12th March, 2002 until the cessation of her duties on the 4th April, 2005. 2 The matter came before the Commission on two occasions for conciliation and for hearing on a single day on the 11th November, 2005. 3 The applicant was represented by Ms V Dimond, Solicitor, whilst the respondent was represented by Mr S Borrow, Solicitor of Leanna Street & Associates. 4 The applicant gave evidence on her own behalf and called a former employee, Mr Barry Wadeley, also in support of some limited aspects of the case. The respondent called Ms Jocelyn Hofman, Registered Nurse in Charge of the Villa, on the crucial evening of 3rd 'April, 2005. The respondent also called Ms Diane Hudson, the Deputy Director of Nursing, to give evidence along with Ms Cheryl Edwards, the Director of Nursing at the Anita Village. 5 The Commission reserved its decision following the final submissions also given on the day of hearing on the 11th November.