NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Transport Workers' Union of New South Wales (on behalf of Anthony Mitchell) and Compass Group (Australia) Pty Ltd [2007] NSWIRComm 1030
APPLICANT Antony Mitchell PARTIES: RESPONDENT Compass Group (Australia) Pty Ltd
FILE NUMBER(S): 1720 of 2006
CORAM: Macdonald C
CATCHWORDS: Unfair dismissal application - Respondent established new business operation - twelve employees (including Applicant) applied for re-engagement in new business operation - interview panel - Applicant unsuccessful - Applicant claimed selection process unfair - lack of evidence to support Applicant's claim - Commission declines to intervene in Applicant's retrenchment.
LEGISLATION CITED: Industrial Relations Act 1996
CASES CITED: Jones v Dunkel (1959) 101 CLR 298 Outboard World v Muir (1993) 51 IR 167
HEARING DATES: 07/09/06, 08/09/06
DATE OF JUDGMENT: 5 July 2007
APPLICANT Mr P Cooke, Union Official LEGAL REPRESENTATIVES: Mr A Longland Solicitor
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: MACDONALD C
5 July 2007
Matter No IRC 1720 of 2006
Transport Workers' Union of New South Wales (on behalf of Anthony Mitchell) and Compass Group (Australia) Pty Ltd
Application by Transport Workers' Union of New South Wales on behalf of its member Anthony Mitchell re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996
DECISION
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