Baker v. Australian Workers' Union [2005] NSWIRComm 1225

Industrial Relations Commission of New South Wales

CITATION: Baker v. Australian Workers' Union [2005] NSWIRComm 1225

APPLICANT Warren Baker

PARTIES: RESPONDENT Australian Workers' Union

FILE NUMBER(S): 5916 of 2005

CORAM: Connor C

termination of employment - alleged threat of dismissal - alleged abuse of process CATCHWORDS:

Industrial Relations Act 1996 LEGISLATION CITED:

Bon McArthur Pty Limited Dispute Case - unreported Castlemaine Toohey Limited v. State of South Australia (1986) 161 CLR 148 CASES CITED: Hill v. Director-General of the Department of Education (1998) 85 IR 201

HEARING DATES: 01/16/2005 EXTEMPORE JUDGMENT DATE : 12/16/2005

APPLICANT Anthony Slevin Slater and Gordon, Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Richard Tripodi

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: CONNOR C

Friday, 16 December, 2005

Matter No IRC 5916 of 2005

Warren Baker and the Australian Workers' Union

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

INTERLOCUTORY DECISION

[2005] NSWIRComm 1225

1 Mr Warren Baker was employed as an organiser with the Australian Workers' Union, a position he has occupied for over five years. Mr Baker alleged that his services were terminated on Friday, 28 October, 2005 after five years of employment and he subsequently lodged an application under Part 6, Unfair Dismissals, of Chapter 2, Employment [Ss.83 to 90] of the 1996 Industrial Relations Act claiming the termination of his services was unfair and seeking his reinstatement, re-employment or, alternatively, monetary compensation in lieu thereof. The AWU claims that, whilst Mr Baker is presently suspended on full pay to permit it to investigate allegations of misconduct and poor work performance, he has not been dismissed at this time.