Coveny v Davis & Spence Pty Ltd [2006] NSWIRComm 51

Industrial Relations Commission of New South Wales

CITATION: Coveny v Davis & Spence Pty Ltd [2006] NSWIRComm 51

PARTIES: Darryl Christopher Wayne Coveny Davis & Spence Pty Ltd

FILE NUMBER(S): IRC 4999 of 2005

CORAM: Harrison DP

CATCHWORDS: Application re unfair dismissal - redundancy due to closure of branch office - alternative position offered and refused. Held - alternative position not suitable - additional four hours of travel per day and reduction in earnings of 50 percent - constructuve dismissal - harsh, unreasonable and unjust - compensation awarded.

LEGISLATION CITED: Industrial Relations Act 1996

CASES CITED: Clark v Pittwater RSL Club Limited (1998) 84 IR 309

HEARING DATES: 20/02/2006

DATE OF JUDGMENT: 02/20/2006

EXTEMPORE JUDGMENT DATE: 02/20/2006

APPLICANT Counsel Mr J Wormington LEGAL REPRESENTATIVES:

RESPONDENT Mr D Kemp

JUDGMENT:

- 6 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP

Monday, 20 February 2006

Matter No IRC 4999 of 2005

DARRYL CHRISTOPHER WAYNE COVENY AND DAVIS & SPENCE PTY LTD Application re unfair dismissal pursuant to s84 of Industrial Relations Act 1996

DECISION

[2006] NSWIRComm 51

1 The application in this matter was filed on 26 September 2005 and subject to proceedings for the purpose of conciliation and directions before Commissioner Stanton on 17 October 2005 and 25 October 2005. It was established that the matter was not capable of settlement and directions issued to bring the matter to hearing. The matter was reallocated to the Commission as presently constituted on 13 December 2005 and proceeded to hearing on 20 February 2006.