Holt v Nathan Riffel and John Davis t.as N R & J D Haulage [2006] NSWIRComm 1059

Industrial Relations Commission of New South Wales

CITATION: Holt v Nathan Riffel and John Davis t.as N R & J D Haulage [2006] NSWIRComm 1059

APPLICANT Ian George Holt PARTIES: RESPONDENT Nathan Riffel and John Davis t/as N R & J D Haulage

FILE NUMBER(S): 6589 of 2005

CORAM: McLeay C

CATCHWORDS: Unfair dismissal

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 03/04/06

DATE OF JUDGMENT: 04/03/2006

APPLICANT Appeared unrepresented LEGAL REPRESENTATIVES: RESPONDENT No appearance for or by the respondent

DECISION: - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: MCLEAY C

3 April 2006

Matter No IRC 6589 of 2005

Ian George Holt and Nathan Riffel and John Davis t/as N R & J D Haulage

Application by Ian George Holt re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996

DECISION

[2006] NSWIRComm 1059

1 This is an application by Ian George Holt re unfair dismissal against Nathan Riffel and John Davis ("the respondents") trading as N R & J D Haulage pursuant to section 84 of the Industrial Relations Act 1996. The application shows that Mr George was dismissed from the position of truck driver on 24 November 2005. 2 The application sets out the requirement of the applicant to work from midnight on 23 November 2005 through to 8pm on 24 November 2005 with only two and a half hours break for sleep. The application further shows that Mr Holt rang Mr Greg Hynds and said he could not do a country run that night because he was extremely tired and was falling asleep having dinner. Mr Hynds rang Mr Holt back at approximately 9pm to be sure that Mr Holt would not do the job.