NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Appo v Ngulingah [2010] NSWIRComm 1027
APPLICANT: PARTIES: Mr Nigel Appo RESPONDENT Ngulingah Local Aboriginal Land Council
FILE NUMBER(S): 1635 of 2009
CORAM: Ritchie C
Application for unfair dismissal. Conciliation unsuccessful. Directions given for the filing and serving of evidence. Applicant failed to file any evidence. Further Directions given to applicant. Applicant again failed to file any evidence. On day of Hearing applicant failed to provide any evidence. Hearing went by way of respondent's filed evidence and oral evidence. CATCHWORDS: Applicant short term employment of six months when terminated. Argument over date of termination. Commission found in favour of respondent with respect to date of termination. Applicant terminated for failure to follow reasonable instruction. Respondent had previously provided applicant with three written warnings. Applicant claimed he never received correspondence. Commission found that warning letters sent and received. Commission found that termination justified and that it would not intervene. Application dismissed.
LEGISLATION CITED: Industrial Relations Act, 1996
Adami v Maison De Luxe Limited (1924) HCA; (1924) 35CLR 143 Anthony v NSW Fresh Food & Ice Company (1946) 45 AR 64. CASES CITED: Izdes v LG Bennett & Co Pty ZLimited t/as Alba Industries (1995) 61 IR 439 Laws v London Chronicle (Indicator) Newspapers (Ltd) (1959) i WLR 698 Pastrycooks v Gartrell White (no3)
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