Sommerville v Open Arms Care [2010] NSWIRComm 1010

Industrial Relations Commission of New South Wales

CITATION: Sommerville v Open Arms Care [2010] NSWIRComm 1010

APPLICANT: PARTIES: Mr Andrew Sommerville RESPONDENT: Open Arms Care Inc.

FILE NUMBER(S): 1656 of 2009

CORAM: Ritchie C

Unfair dismissal claim. Applicant signed an annual contract of employment. Last contract dates sought to be extended by respondent, not accepted by applicant. At a time beyond the date of the contract respondant advised that no new contract would be offered. CATCHWORDS: No reason given. Applicant believed he was a permanent employee. Never advised of any poor performance issues. Respondent did not give reasons for termination because they believed did not have to,as contract had come to a conclusion. Commission found that contract dates had passed and that the respondent not in a position to use such an argument. Commission found that applicant had not been given procedural fairness and that termination was harsh, unjust and unreasonable. Compensation awarded.

LEGISLATION CITED: Industrial Relations Act 1996

Ngoc Toan Nguyen v Oliveri Transport Services [2005]NSWIRComm1121 CASES CITED: PSA &Professional Officers Amalgamated Union of New South Wales (on behalf of Susan Esther Benfell ) v DET [2008]NSWIRCComm16 Antonapoulos v State Bank of NSW(1999) 91IR385

HEARING DATES: 16/02/10

DATE OF JUDGMENT: 2 March 2010