Buckland -v- Golden Sea Coast Trading Co Pty Ltd [2005] NSWIRComm 1183

Industrial Relations Commission of New South Wales

CITATION: Buckland -v- Golden Sea Coast Trading Co Pty Ltd [2005] NSWIRComm 1183

APPLICANT Neil Buckland PARTIES: RESPONDENT Golden Sea Coast Trading Co Pty Ltd ABN: 43 086 510 394

FILE NUMBER(S): 4288 of 2005

CORAM: Cambridge C

CATCHWORDS: Unfair dismissal - termination of employment - verbal dismissal - no factual basis established for dismissal - absence of documentation- no consultation - ex parte determination - dismissal held as harsh, unreasonable and unjust - reinstatement or re-employment impractical - compensation Ordered.

LEGISLATION CITED: Industrial Relations Act 1996 [NSW]

HEARING DATES: 11/11/2005 EXTEMPORE JUDGMENT DATE : 11/11/2005

APPLICANT Self represented LEGAL REPRESENTATIVES: RESPONDENT No apperances

DECISION: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

COMMISSIONER CAMBRIDGE

11 November 2005

Matter No IRC 4288 of 2005

Neil Buckland and Golden Sea Coast Trading Co Pty Ltd

Application by N Buckland re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996.

EXTEMPORE EX PARTE DECISION

[2005] NSWIRComm 1183

1 This matter involves a claim for unfair dismissal. The claim was made pursuant to section 84 of the Industrial Relations Act 1996 [NSW], (the Act). The claim was filed on 16 August 2005, by Neil Buckland (the applicant), and named the respondent employer as Golden Sea Coast Trading Co Pty Ltd. It appeared that the respondent employer may also trade under the name Golden Sea Coast Fashion Warehouse and the identification of the respondent employer may be more appropriately made by reference to the ABN:43086510394 (the employer). 2 Proceedings in this matter commenced on 5 September 2005 at which time the employer failed to appear. The matter was listed for further proceedings on 19 October 2005, and the employer again failed to appear. Proceedings were rescheduled for today, 11 November 2005 and regrettably the employer has again failed to appear, despite Notification of Listing for today's proceedings having being posted to the employer by registered mail. 3 The employer's regrettable failure to properly respond to these proceedings, including that there has been no Employer's Reply filed and that file records indicate that representatives of the employer used discourteous and abrupt language when contacted by office staff who were making inquiries on behalf of the Commission, has led to the Commission deciding to proceed to Hear and Determine this matter in ex-parte proceedings.