Clarke v. Godwin [2005] NSWIRComm 1201

Industrial Relations Commission of New South Wales

CITATION: Clarke v. Godwin [2005] NSWIRComm 1201

APPLICANT Michelle Clarke PARTIES: RESPONDENT Karen Godwin

FILE NUMBER(S): 2080 of 2005

CORAM: Connor C

termination of employment - casual engagement - claim of unfair dismissal - requirement for warning over unsatisfactory work performance - level of monetary compensation CATCHWORDS:

LEGISLATION CITED: Industrial Relations Act 1996

D and R Commercial Pty Limited v. Flood (2002) 113 IR 244 Little v. Commissioner of Police (No.2) (2002) 112 IR 212 CASES CITED: Maldoc Pty Limited v. Bollard - unreported Outboard World Pty Limited v. Muir (1993) 51 IR 167 Ryde-Eastwood Leagues Club Limited v. Taylor (1994) 56 IR 385

HEARING DATES: 11/14/2005

DATE OF JUDGMENT: 12/22/2005

APPLICANT Frank Wilson Bates Collett and Wilson, Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Cheryl Welsh and David Cummins Darryl Perkins, Solicitors

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: CONNOR C

Thursday, 22 December, 2005

Matter No IRC 2080 of 2005

Michelle Clarke and Karen Godwin

Application under S.84 of the Industrial Relations Act, 1996

DECISION

[2005] NSWIRComm 1201

Preliminary

1 An application has been lodged under Part 6, Unfair Dismissals, of Chapter 2, Employment [Ss.83 to 90] of the 1996 Industrial Relations Act by Mrs Michelle Clarke who had been employed as a driver of a mobile cafe owned and operated by Mrs Karen Godwin, who trades as Doorstop Dinners. She worked on a casual basis. She commenced employment on Wednesday, 14 April, 2004 and her services were terminated on Sunday, 6 March, 2005 when Mrs Godwin had no further work available to her. In her Part 6 application she has claimed that the termination of her services was unfair and she has sought monetary compensation over it. She also contends that she has been underpaid.