Howland -v- Cement Australia [2006] NSWIRComm 1107

Industrial Relations Commission of New South Wales

CITATION: Howland -v- Cement Australia [2006] NSWIRComm 1107

APPLICANT PARTIES: Kerry John Howland RESPONDENT Cement Australia Pty ltd

FILE NUMBER(S): 6293 of 2005

CORAM: Cambridge C

CATCHWORDS: Unfair dismissal - termination of employment - summary dismissal - industrial dispute - dismissal for breach of safety procedure - stated policy of employer - extraneous issues promoted decision to dismiss - procedure - no hearing before decision maker - no evidence led from decision maker - dismissal held as harsh, unreasonable and unjust - reinstatement Ordered.

LEGISLATION CITED: Industrial Relations Act 1996 [NSW]

HEARING DATES: 20/06/06,21/06/06

DATE OF JUDGMENT: 07/07/2006

APPLICANT Mr I Morrison with Mr V Overton from the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch.

LEGAL REPRESENTATIVES: RESPONDENT Mr S Benson, barrister, with Mr A Powter, solicitor Solicitors for Respondent Gillis Delaney Lawyers

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

COMMISSIONER CAMBRIDGE

7 July 2006

Matter No IRC 6293 of 2005

Kerry John Howland -v- Cement Australia Pty Ltd

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

DECISION

[2006] NSWIRComm 1107

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 2 December 2005, by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch, (the AMWU), on behalf of Kerry John Howland (the applicant), and named the respondent employer as Cement Australia Pty Ltd (the employer).