Raguse v Mivax Pty Ltd t.as Ballina Beach Resort [2006] NSWIRComm 1045

Industrial Relations Commission of New South Wales

CITATION: Raguse v Mivax Pty Ltd t.as Ballina Beach Resort [2006] NSWIRComm 1045

APPLICANT: PARTIES: Ms. Kimberley Raguse RESPONDENT: Mivax Pty Ltd t/as Ballina Beach Resort

FILE NUMBER(S): 5788 of 2005

CORAM: Ritchie C

Claim for unfair dismissal by long term casual Applicant claimed that as a consequence of a phone call by her supervisor she was terminated. Applicant stated that she had been taken off the roster indefinitely. Respondent denied terminating the applicant and denied using the word indefinitely. The applicant had been advised that she was not on next week's roster at the moment. Onus on applicant to prove that a termination had taken place. CATCHWORDS: Commission determined that applicant had not proven that a termination at the initiative of the respondent had taken place. Respondent had sought during conciliation to offer shifts to applicant but were not accepted by the applicant. Application dismissed. Strong recommendation made that respondent pay applicant a sum of money equal to the value of her pro rata Long Service Leave.

LEGISLATION CITED: Industrial Relations Act 1996

CASES CITED: Jacqueline Sally McNicol and Westco Jeans Pty Ltd [2004] NSW IRComm111

HEARING DATES: 21/02/06

DATE OF JUDGMENT: 03/17/2006

Applicant represented herself LEGAL REPRESENTATIVES: Respondent was represented by Mr. Michael Hulbert