Rowley v. Sunbolt Pty Limited [2006] NSWIRComm 1036

Industrial Relations Commission of New South Wales

CITATION: Rowley v. Sunbolt Pty Limited [2006] NSWIRComm 1036

APPLICANT Janelle Rowley PARTIES: RESPONDENT Sunbolt Pty Limited

FILE NUMBER(S): IRC 2649 of 2005

CORAM: Connor C

CATCHWORDS: termination of employment - alleged probationary nature of employment - claim that application beyond jurisdiction - purported intention of employee to withdraw claim - failure of employee to provide notice of intentions - failure of employee to appear in the proceedings - want of prosecution

LEGISLATION CITED: Industrial Relations Act 1996

Earl v. Tony Pollard Electrics Pty Limited - unreported CASES CITED: Nicholson v. Heaven and Earth Gallery Pty Limited (1994) 57 IR 50 Versace v. New South Wales Police Service [2005] NSWIR Comm 20

HEARING DATES: 22/02/2006

DATE OF JUDGMENT: 02/22/2006

EXTEMPORE JUDGMENT DATE : 02/22/2006

APPLICANT no appearance LEGAL REPRESENTATIVES:

RESPONDENT Alcide DeAngelis

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: CONNOR C

Wednesday, 22 February, 2006

Matter No IRC 2649 of 2005

Janelle Rowley and Sunbolt Pty Limited

Application under S.84 of the Industrial Relations Act, 1996

DECISION

[2006] NSWIRComm 1036

1 Pursuant to the provisions of Part 6, Unfair Dismissals, of Chapter 2, Employment [Ss.83 to 90] of the 1996 Industrial Relations Act, Mrs Janelle Rowley lodged an application concerning the termination of her services as a bottle shop attendant with Sunbolt Pty Limited, trading as Bligh Park Tavern. In her Part 6 application Mrs Rowley indicated that she had commenced employment on Monday, 15 March, 2004 and her services were terminated on Friday, 8 April, 2005 - but there is some dispute over that. She has claimed that the termination of her services was unfair and she has sought monetary compensation over it.