NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Herskind-Nielsen and Ansdale Pty Ltd t.as Visual Mathematics. [2006] NSWIRComm 1044
APPLICANT: PARTIES: Ms. Ayla Herskind-Nielsen RESPONDENT: Visual Mathematics
FILE NUMBER(S): 4092 of 2005
CORAM: Ritchie C
Unfair dismissal application made by overseas student working in Australia-application 18 days out of time. Claim by applicant in shock as a consequence of the assault; unaware of industrial laws in Australia. -claim by applicant of assault by respondent that resulted in a termination taking place-denied by respondent. CATCHWORDS: claim by respondent that applicant resigned of own accord Out of time accepted by Commission-. Commission found based on evidence presented that assault by respondent did occur and that a termination by the respondent did take place. Found that termination was harsh; unjust and unreasonable. Compensation awarded.
LEGISLATION CITED: Industrial Relations Act 1996
CASES CITED: Jones v Dunkel (1959) 101CLR 298
HEARING DATES: 20/02/06
DATE OF JUDGMENT: 03/14/2006
APPLICANT: Mr P.Phan (solicitor) LEGAL REPRESENTATIVES: RESPONDENT: Mr. R. Henricus
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: Ritchie C.
14 March 2006
Matter No IRC 4092 of 2005
IN THE MATTER OF: Ayla Herskind-Nielsen and Visual Mathematics.
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