Bench -v- NRMA [2006] NSWIRComm 1133

Industrial Relations Commission of New South Wales

CITATION: Bench -v- NRMA [2006] NSWIRComm 1133

APPLICANT PARTIES: Craig Bench RESPONDENT National Roads and Motorists Association Ltd

FILE NUMBER(S): 6703 of 2005

CORAM: Cambridge C

CATCHWORDS: Unfair dismissal - termination of employment - absence of proper substantive basis - procedural errors - denial of natural justice - no proper warning of dismissal for failure to attend meeting with employer - unreasonable for employer to refuse to allow employee to have legal representatives attend meeting - dismissal held as harsh, unreasonable and unjust - compensation Ordered.

LEGISLATION CITED: Industrial Relations Act 1996 [NSW]

HEARING DATES: 18/07/06,19/07/06

DATE OF JUDGMENT: 09/06/2006

APPLICANT Mr M Gibian, barrister LEGAL REPRESENTATIVES: RESPONDENT Mr J Darams, solicitor

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

COMMISSIONER CAMBRIDGE

6 September 2006

Matter No IRC 6703 of 2005

Craig Bench -v- National Roads and Motorists Association Ltd (NRMA)

Application by C Bench pursuant to section 84 of the Industrial Relations Act 1996 re unfair dismissal.

DECISION

[2006] NSWIRComm 1133 1 This matter involves a claim for unfair dismissal. The claim was made pursuant to section 84 of the Industrial Relations Act 1996 [NSW], (the Act). The claim was filed on 20 December 2005, by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch, (the AMWU), on behalf of Craig Bench, (the applicant). The application named the respondent employer as the National Roads and Motorists Association Ltd (the NRMA).