NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Olagas v Impresstik [2006] NSWIRComm 1057
APPLICANT; PARTIES: Mr. A. Olagas RESPONDENT: Impresstik Pty Ltd
FILE NUMBER(S): 5439 of 2005
CORAM: Ritchie C
Claim for unfair dismissal Applicant long term employee proceeded on stress leave,claim harrassment from supervisor, provided regular medical certificates, during absences paid from leave entitlements. Claimed workers compensation subsequently rejected. On presentation on last certificate had a meeting with management. Employee would not return and work under old supervisor,employee said he would get his union involved-a dispute exists CATCHWORDS: Employer believed employee had resigned. Phone calls after between employer and employee and union took place. Employer sent a letter claiming employee had abandoned his employment -denied by employee. Manager who wrote termination letter unaware of phone discussion between union and another manager. Commission found that employee had not abandoned his employment but that the parties were in dispute. Compensation awarded.
LEGISLATION CITED: Industrial Relations Act 1996
CASES CITED: Boyd v Godfrey Hirst Pty Ltd and anor.IRC of Aust.1995AILR.
HEARING DATES: 27/04/06, 03/05/06
DATE OF JUDGMENT: 06/16/2006
APPLICANT: Mr. I. Morrison of the AFMEPKIU LEGAL REPRESENTATIVES: RESPONDENT: Mr. Colin Argyris of the Company.
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