Yael Abraham v Jasmann Pty Limited [2006] NSWIRComm 1047

Industrial Relations Commission of New South Wales

CITATION: Yael Abraham v Jasmann Pty Limited [2006] NSWIRComm 1047

APPLICANT Yael Abraham PARTIES: RESPONDENT Jasmann Pty Limited

FILE NUMBER(S): 2572 of 2004

CORAM: Macdonald C

CATCHWORDS: Unfair dismissal application - defacto or employer/employee relationship - dismissal - compensation ordered

LEGISLATION CITED: Industrial Relations Act 1996

CASES CITED: Outboard World Pty Ltd v Muir (1993) 51 IR 167 D and R Commercial Pty Ltd v Flood (2002) 113 IR 344

HEARING DATES: 09/11/05

DATE OF JUDGMENT: 05/04/2006

APPLICANT Self represented (Yael Abraham) LEGAL REPRESENTATIVES:

RESPONDENT Self represented (Mark Longobardi)

DECISION: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: MACDONALD C

4 May 2006

Matter No IRC 2572 of 2004

Yael Abraham and Jasmann Pty Limited and the Joadja Whiskey Co

Application by Yael Abraham re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996

D E C I S I O N

[2006] NSWIRComm 1047

1 The Commission has before it an application by Yael Abraham ("the Applicant") for unfair dismissal against Jasmann Pty Limited and the Joadja Whiskey Co ("the Respondent") pursuant to section 84 of the Industrial Relations Act 1996 ("the Act"). 2 The unfair dismissal application was lodged on 30 April 2004 and was allocated to Commissioner O'Neill. 3 The matter was set down for Conciliation and Directions on 14 May 2004. Arising out of that proceeding, the matter was set down for a Hearing on 30 July 2004. Subsequent to 14 May, this Hearing was vacated. 4 The matter was set down for Hearing on 17 August 2004 but again was vacated, as the Respondent was involved in other court proceedings on that day. 5 The matter was relisted before Commissioner O'Neill on 30 August 2004 and the Hearing dates of 12 and 19 November 2004 set down.