Video Intercom Pty Limited v. George Sukkar [2006] NSWIRComm 1120

Industrial Relations Commission of New South Wales

CITATION: Video Intercom Pty Limited v. George Sukkar [2006] NSWIRComm 1120

APPLICANT Video Intercom Pty Limited PARTIES: RESPONDENT George Sukkar

FILE NUMBER(S): IRC 6200 of 2005

CORAM: Connor C

CATCHWORDS: application for costs - pending appeal proceedings - claim for unfair dismissal rejected - proceedings adjourned

LEGISLATION CITED: Industrial Relations Act 1996

Attorney General v. Wentworth (1988) 14 NSWLR 491 CASES CITED: General Steel Industries Inc v. Commissioner for Railways (1964) 112 CLR 125 Lewis v. Kunama Securities Pty Limited - unreported Luke v. Handicapped Children's Centre - unreported

HEARING DATES: 25/07/2006

DATE OF JUDGMENT: 07/25/2006

EXTEMPORE JUDGMENT DATE : 07/25/2006

APPLICANT Shaun Schmitke Employers First

LEGAL REPRESENTATIVES: RESPONDENT Geoff Phillips

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: CONNOR C

Tuesday, 25 July, 2006

Matter No IRC 6200 of 2005

Video Intercom Pty Limited and George Sukkar

Application for costs under S.181 of the Industrial Relations Act, 1996

INTERLOCUTORY DECISION

[2006] NSWIRComm 1120

1 On Wednesday, 7 June, 2006 I handed down my decision on an application made by George Sukkar under Part 6, Unfair Dismissals, of Chapter 2, Employment [Ss.83 to 90] of the 1996 Industrial Relations Act. Mr Sukkar had been employed from Monday, 11 October, 2004 until his services terminated on Monday, 14 November, 2005. He argued that he had been dismissed by Video Intercom but in my decision I concluded that, in fact, Mr Sukkar had brought his contract of employment with Video Intercom to an end himself. He had been offered alternative employment, commensurate with an injury he had sustained in the course of his employment and which I considered to be suitable for him but which he had rejected consistently both before the proceedings commenced and during the conciliation phase of the matter.