NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Shipway and Synergy Plus Training Pty Ltd [2005] NSWIRComm 1196
APPLICANT Kelly-Anne Shipway PARTIES: RESPONDENT Synergy Plus Training Pty Limited
FILE NUMBER(S): 5660 of 2004
CORAM: Murphy C
Applicant's employment as events manager for 18 months claimed to have come to an end within weeks after announcement of pregnancy and employment of junior employee who took over her role. Employer claimed long term performance issues becoming worse and bullying of junior employee. CATCHWORDS: Employer found to have unfairly dismissed employee following relatively minor problems and failure to properly canvass issues arising from supervision of new employee. Pregnancy of employee either influenced treatment of applicant and/or should have been taken into account in disagreements in weeks prior to dismissal. Costs on party party basis awarded to applicant in view of respondent's unreasonable failure to agree to settlement, where applicant made several offers and at a modest level, having regard to prospects of success and circumstances established by the evidence.
LEGISLATION CITED: Industrial Relations Act 1996
Shead Vs Summit Western Pty Ltd (1998) 81 IKR 341 Bankstown City Council Vs Paris (1999) 93 IR 209 CASES CITED: IGA Distrubiton Pty Limited Vs Mosses (No.3) [2001] NSW IR Com 1053 Four Sons Pty Limited Vs Sakchai Limsiripothong (No.2) 2000 100 IR 400
HEARING DATES: 06/16/2005; 09/01/2005
DATE OF JUDGMENT: 12/13/2005
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