Mace v Kwongs Pty Ltd t/as S K Real Estate [2005] NSWIRComm 1182

Industrial Relations Commission of New South Wales

CITATION: Mace v Kwongs Pty Ltd t/as S K Real Estate [2005] NSWIRComm 1182

APPLICANT Susan Mace PARTIES: RESPONDENT Kwongs Pty Ltd t/as S K Real Estate

FILE NUMBER(S): 7239 of 2004

CORAM: Macdonald C

CATCHWORDS: unfair dismissal claim - dismissal denied by employer - casual or part-time? - circumstances surrounding last day at work - credit of employer - dismissal found - unfair dismissal - compensation awarded

LEGISLATION CITED: Industrial Relations Act 1996

Outboard World Pty Ltd v Muir (1993) 51 IR 167 CASES CITED: D & R Commercial Pty Ltd v Flood (2002) 113 IR 344

HEARING DATES: 08/15/2005; 08/24/2005

DATE OF JUDGMENT: 12/01/2005

APPLICANT Ms S Mace appeared in person LEGAL REPRESENTATIVES: RESPONDENT Mr C Byrnes Real Estate Employers' Federation of NSW

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: MACDONALD C

1 December 2005

Matter No IRC 7239 of 2004

Susan Mace and Kwongs Pty Ltd t/as S K Real Estate

Application by Susan Mace re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996

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[2005] NSWIRComm 1182

1 This is an application by Susan Mace ("the Applicant") for unfair dismissal against Kwongs Pty Limited t/as S K Real Estate ("the Respondent") pursuant to section 84 of the Industrial Relations Act 1996 ("the Act"). 2 The matter was set down for Conciliation and Directions on 11 January 2005. The Applicant appeared but there was no appearance by the Respondent. My office contacted the Respondent's place of business and we were advised that Mr Sherman Kwong was the responsible officer but that he was overseas. We were also advised that his office had no knowledge of the unfair dismissal application. 3 The matter was set down for Conciliation and Directions on 15 February 2005. The Applicant appeared but there was no appearance by the Respondent. My office made contact with Mr Kwong who advised he had not received a copy of the Applicant's unfair dismissal application which had been sent by my office, by registered mail, to 107 Forest Road, Hurstville. Mr Kwong advised my office that his correct business address is Shop 6, 107 Forest Road, Hurstville.