NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Joyce -v- Hendricks Pty Ltd & Another [2006] NSWIRComm 1068
APPLICANT Emma Maria Joyce PARTIES: 1ST RESPONDENT Hendricks Pty Ltd 2ND RESPONDENT Staffords Pty Ltd
FILE NUMBER(S): 6241 of 2005
CORAM: Cambridge C
CATCHWORDS: Unfair dismissal - termination of employment - summary dismissal - identification of true employer - joint employment - employer identified - dismissal held as harsh, unreasonable and unjust - compensation Ordered.
LEGISLATION CITED: Industrial Relations Act 1996 [NSW]
Anthony Geoffrey Matthews v Cool or Cosy Pty Ltd; Ceil Comfort Home Insulation Pty Limited; Citigroup Pty Ltd, (2003) Full Bench of Western Australian Industrial Relations Commission, [Sharkey P, Coleman CC & Gregor C], 2003 WAIRC 10388. CASES CITED: Hollis v Vabu Pty Ltd t/a Crisis Couriers [2001] HCA 44, 106IR 80. Oanh Nguyen v A-N-T Contract Packers Pty Ltd trading as A-N-T Personnel and Thiess Services Pty Ltd trading as Thiess Services, (2003) Industrial Relations Commission of NSW [McKenna C.], 128 IR @ 241. Staff Aid Services v Josie Bianchi (2004) Full Commission of Australian Industrial Relations Commission [Lawler VP, Kaufman SDP & Blair C] 133IR 29.
HEARING DATES: 15/03/06,16/03/06
DATE OF JUDGMENT: 05/05/2006
APPLICANT Ms P Thew, barrister Solicitors for applicant Cowley Hearn
LEGAL REPRESENTATIVES: IST RESPONDENT Mr G Q Braban 2ND RESPONDENT Mr A Barwick, solicitor Solicitors for 2nd Respondent Employment Lawyers
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