NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Byrne and Trident Shipping Services Pty Ltd [2005] NSWIRComm 1197
APPLICANT Christopher Byrne PARTIES: RESPONDENT Trident Shipping Services Pty Ltd.
FILE NUMBER(S): 946 of 2005
CORAM: Murphy C
Applicant claimed dismissal arose from complaint to WorkCover and not for alleged threat to respondent. Respondent's claim not sustained and despite obscuring of real reason for dismissal, applicant most likely dismissed for activating WorkCover investigation, although victimisation application not formally lodged in respect to S210(j) Applicant's dismissal found to be harsh, unjust and unreasonable. CATCHWORDS: Costs awarded against respondent.
LEGISLATION CITED: Industrial Relations Act 1996
Bankstown City Council Vs Paris (1999) 93 IR 209 IGA Distribution Pty Limited Vs Mosses (No.3) [2001] NSW IR Com 1053 Four Sons Pty Limited Vs Sakchai Limsiripothong (No.2) 2000 100 IR 400 CASES CITED: Gartrell White Vs Pastrycooks Union (1990) 35 IR 70 Bigg Vs NSW Police Service (1998) 80 IR 434 Wang Vs Crestell Industries Pty Ltd (1997) 73 IR 454
HEARING DATES: 11/07/2005; 05/21/0112 EXTEMPORE JUDGMENT DATE : 12/07/2005
APPLICANT Mr D Kennedy, Solicitor. LEGAL REPRESENTATIVES: RESPONDENT Mr D Davies, agent from McCarthy Ausgroup
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