Peter Tusa and Perescope Design Pty Ltd [2006] NSWIRComm 1119

Industrial Relations Commission of New South Wales

CITATION: Peter Tusa and Perescope Design Pty Ltd [2006] NSWIRComm 1119

APPLICANT Peter Tusa PARTIES: RESPONDENT Perescope Design Pty Ltd

FILE NUMBER(S): IRC 2268 of 2006

CORAM: McKenna C

CATCHWORDS: Unfair dismissal – no appearances at initial listing - failure of applicant to seek to relist or discontinue by date specified – dismissed for want of prosecution

LEGISLATION CITED: Industrial Relations Act 1996 s84

HEARING DATES: n/a

DATE OF JUDGMENT: 07/24/2006

APPLICANT n/a LEGAL REPRESENTATIVES: RESPONDENT n/a

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

McKENNA C

24 July 2006

Matter No IRC 2268 of 2006

PETER TUSA AND PERESCOPE DESIGN PTY LIMITED

Application by Peter Tusa re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996

DECISION [2006] NSWIRComm 1119

1 This is an application made pursuant to s84 of the Industrial Relations Act 1996 in which the applicant, Peter Tusa, alleged he was harshly, unreasonably or unjustly dismissed by the respondent, Perescope Design Pty Ltd. The matter was listed for conciliation and directions on 22 May 2006. There was no appearance by either party that day, albeit the applicant's former solicitors, Employment Help Lawyers, subsequently sent a letter apologising for the non-attendance and advising "the Respondent became bankrupt on 09 May 2006". By letter dated 25 May 2005, Employment Help Lawyers requested the matter be stood out of the list pending further discussions with the official receiver and foreshadowed it was likely the matter would be discontinued. A notice of discontinuance was not filed.