NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Taylor and Tweed Shire Council [2006] NSWIRComm 125
APPLICANT PARTIES: Paul Damian Taylor RESPONDENT Tweed Shire Council
FILE NUMBER(S): IRC 5363 of 2005, IRC 6764 of 2005
CORAM: Harrison DP
CATCHWORDS: Application re victimisation pursuant to s 213 of the Act - application out of time - conscious decision not to make application within time limit - application for discretion to admit out of time refused. Application re unfair dismissal pursuant to s 84 of the Act - misconduct - refusal to accept management direction - verbal abuse of supervisor - refusal to address warnings and complaints - procedural fairness. Held - allegation of lack of procedural fairness not made out - termination of employment not harsh, unreasonable or unjust - application dismissed.
LEGISLATION CITED: Industrial Relations Act 1996 Workplace Injury Management and Workers Compensation Act 1998
Donovan and Anor v Kensington Pharmacy and Newsagency [2004] NSWIRComm 385 CASES CITED: Brisbane South Regional Health Authority V Taylor (1996) 186 CLR 541 Hurrell and Queensland Cotton Corporation Limited [2003] NSWIRComm 139.
HEARING DATES: 22/03/06, 23/03/06, 24/03/06
DATE OF JUDGMENT: 04/28/2006
EXTEMPORE JUDGMENT DATE: 03/24/2006
APPLICANT Solicitor Mr A Mulcahy Mulcahy Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Counsel Mr M Easton
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