NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Matthew Poll and Boomalli Aboriginal Artists Co-operative [2009] NSWIRComm 1047
APPLICANT Matthew Le Breton Poll PARTIES: RESPONDENT Boomalli Aboriginal Arists Co-operative
FILE NUMBER(S): IRC 520 of 2009
CORAM: Bishop C
CATCHWORDS: Unfair dismissal - applicant dismissed solely due to financial situation of organistion - funding withdrawn - no longer trading or operational - no issues as to work performance raised - compensation sought. Held - financial situation serious - may have been avoidable - governance issues with Board - lack of consultation and co-operation with applicant's efforts to resolve situation - some unfainess in treatment of applicant - genuine redundancy - no option once funding withdrawn - no orders as to compensation in circumstances.
LEGISLATION CITED: Industrial Relations Act 1996
CASES CITED: Bankstown City Council v Paris (1999) 93 IR 209 Outboard World v Muir ((1993) 51 IR 167
HEARING DATES: 22 and 23 July 2009
DATE OF JUDGMENT: 18 August 2009
APPLICANT Matthew Poll LEGAL REPRESENTATIVES: RESPONDENT Mr M Byrnes, Solicitor, Clayton Utz
DECISION: - 22 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: BISHOP C 18 August 2009
Matter No IRC 520 of 2009
Matthew Le Breton Poll and Boomalli Aboriginal Artists Co-operative
Application by Matthew Le Breton Poll re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996 DECISION
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