NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Giliberti v. BiLo Pty Limited [2006] NSWIRComm 1035
Applicant Teresa Giliberti PARTIES: RESPONDENT BiLo Pty Limited
FILE NUMBER(S): IRC 254 of 2006
CORAM: Connor C
CATCHWORDS: termination of employment - claim of unfair dismissal - Federal instrument covering the work in question - whether application within jurisdiction - doubts as to jurisdiction - leave for discontinuance granted - matter to be pursued in the Federal unfair dismissal regime
LEGISLATION CITED: Industrial Relations Act 1996
Cohen v. GIO Australia Limited (1996) 40 AILR Rep.104 CASES CITED: Moore v. Newcastle City Council (1997) 77 IR 210 Unions New South Wales v. Carter Holt Harvey Wood Products Australia Pty Limited [2006] NSWIR Comm 2
HEARING DATES: 20/02/2006
DATE OF JUDGMENT: 02/20/2006
EXTEMPORE JUDGMENT DATE : 02/20/2006
APPLICANT applicant appeared in person
LEGAL REPRESENTATIVES: RESPONDENT Tony Anderson Coles Myer Limited
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: CONNOR C
Monday, 20 February, 2006
Matter No IRC 254 of 2006
Teresa Elizabeth Giliberti and BiLo Pty Limited
Application under S.84 of the Industrial Relations Act, 1996
DECISION
[2006] NSWIRComm 1035
1 Miss T E Giliberti was employed by BiLo Pty Limited (Coles Myer Limited) in its supermarket in Berkeley. Miss Gilberti was manager in charge of the delicatessen section of the supermarket. Her services were terminated for alleged misconduct and she lodged an application under Part 6, Unfair Dismissals, of Chapter 2, Employment [Ss.83 to 90] of the 1996 Industrial Relations Act. In her Part 6 application she claimed that the termination of her services was unfair and she sought her reinstatement, re-employment or monetary compensation over it. The matter was allocated to me and I set it down for a preliminary hearing in the Commission's premises at 90 Crown Street, Wollongong on Monday, 20 February, 2006. In the proceedings Ms Giliberti was unrepresented and Mr Anderson represented BiLo.
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