NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Domenico Cascio and The Trustee for Elsa Trust trading as Anyware Computer Accessories [2009] NSWIRComm 1096
APPLICANT Domenico Cascio PARTIES: RESPONDENT The Trustee for Elsa Trust trading as Anyware Computer Accessories
FILE NUMBER(S): IRC 996 of 2009
CORAM: Bishop C
CATCHWORDS: Unfair Dismissal - aggressive confrontation between applicant and his immediate manager - direction by General Manager to go home, calm down and return the next day ignored - escalation to threat of violence - summary dismissal effected - claimed dismissal harsh - result of complaints made about OH&S and management issues - monetary compensation sought. HELD: Dismissal not unjust or unreasonable in circumstances - dismissal not pre-planned - aggressive incident only reason for dismissal - harsh for circumstances of applicant but intervention not warranted - application dismissed.
LEGISLATION CITED: Industrial Relations Act 1996
Bankstown City Council v Paris ( 1999) 93 IR 209 Bryne & Anor v Australian Airlines Ltd (1995) 185 CLR 410 CASES CITED: National Union of Workers, New South Wales Branch (on behalf of Khan) v Cuno Pacific Pty Ltd (2005) 146 IR 441 Outboard World v Muir (1993) 51 IR 167 Sams v Contact Point International Pty Ltd [ 2001] NSWIRComm 18
HEARING DATES: 20 November 2009
DATE OF JUDGMENT: 18 December 2009
APPLICANT: Mr D Cascio LEGAL REPRESENTATIVES: RESPONDENT: Mr P Managreve, General Manager.
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