Friar &Next Edition Pty Ltd [2006] NSWIRComm 1168

Industrial Relations Commission of New South Wales

CITATION: Friar &Next Edition Pty Ltd [2006] NSWIRComm 1168

APPLICANT PARTIES: Ms China May Friar RESPONDENT Next Edition Pty Ltd

FILE NUMBER(S): 944 of 2006

CORAM: Ritchie C

Termination of employment-unfair dismissal-whether termination harsh, unjust or unreasonable. Respondent terminated employee within alleged probationary period as per employment contract. Applicant stated never received employment contract via email-respondent never asked for signed contract. Commission found that probationary period not determined in advance, therefore applicant not an exempt employee from Part 6 of Chapter 2. During employment process applicant completed application form and declared that it was correct. Applicant admitted that she misled the employment agency and the respondent in providing the name of her ex-manager/owner but not advising that same person was her father. CATCHWORDS: Respondent unaware of this fact until post the termination. Applicant had worked for this company for 12 years. Applicant's short period of employment of 3 months with respondent very turbulant with criticsms from respondent as to various aspects of work including relations with fellow employees and clients. Commission found that an unbiased employment check in circumstances where the applicant had spent along time in one company was critical in the employment process. Commission found that action of applicant in misleading respondent was inappropriate and should not benefit with a finding in her favour. Commission held that applicant had failed to prove termination harsh, unjust or unreasonable. Application dismissed.